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CITY OF MARTINEZ v. TEXACO TRADING & TRANSPORTATION INC.

No. 02-16436.

353 F.3d 758 (2003)

CITY OF MARTINEZ, a municipal corporation, Plaintiff-Appellant, v. TEXACO TRADING & TRANSPORTATION, INC., a Delaware corporation; Equilon Pipeline Co., LLC, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2003.

Attorney(s) appearing for the Case

John D. Hoffman (argued), Ellman, Burke, Hoffman & Johnson, San Francisco, California, for the plaintiff-appellant.

John R. Reese (argued), Bingham McCutchin, LLP, San Francisco, California, for the defendants-appellees.

Stephan C. Volker, Law Offices of Stephan C. Volker, Oakland, California, for Amici Curiae Sierra Club, Golden Gate Audubon Society and Marin Audubon Society.

Before: Michael Daly HAWKINS, Sidney R. THOMAS, and Richard R. CLIFTON, Circuit Judges.

Argued and Submitted October 8, 2003 — San Francisco, California.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

The City of Martinez, California ("the City") appeals the district court's grant of summary judgment in favor of Defendant Texaco Trading and Transportation, Inc. ("Texaco")1 on the basis that the City's seventeen causes of action were barred by res judicata because of an earlier civil compromise

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