RICK-MIK ENTERPRISES v. EQUILON ENTERPRISES

No. 06-55937.

532 F.3d 963 (2008)

RICK-MIK ENTERPRISES INC.; Mike M. Madani; Alfred Buczkowski, on behalf of themselves and those similarly situated, Plaintiffs-Appellants, v. EQUILON ENTERPRISES, LLC, doing business as Shell Oil Products US, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2008.


Attorney(s) appearing for the Case

Thomas P. Bleau (argued), Martin R. Fox, Gennady L. Lebedev, H. Michael Song, Bleau Fox & Fong, Los Angeles, CA, for the plaintiffs-appellants.

Bradley S. Phillips (argued), Fred A. Rowley, Jr., Munger Tolles & Olson, Los Angeles, CA, for the defendant-appellee.

Before: B. FLETCHER and N. RANDY SMITH, Circuit Judges, and SAMUEL P. KING, District Judge.


SAMUEL P. KING, District Judge:

Equilon Enterprises, LLC ("Equilon") does business as Shell Oil Products. Equilon's standard franchise agreement requires its franchisees, Shell and Texaco gasoline stations, to use Equilon to process credit-card transactions. In addition to payment for sales of petroleum products, Equilon allegedly gets (1) transaction fees associated with the processing, or (2) some kind of unspecified "kickback" from unidentified banks that process...

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