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UNITED STEEL, PAPER & FORESTRY UNION v. SHELL OIL CO.

Nos. 08-56672, 08-56673.

549 F.3d 1204 (2008)

UNITED STEEL, PAPER & FORESTRY, RUBBER MANUFACTURING ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, on behalf of members employed by defendants; Richard Floyd, individually and on behalf of all similarly situated current and former employees; Eduardo Carbejal, individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellees, v. SHELL OIL COMPANY; Equilon Enterprises LLC, dba Shell Oil Products US, Defendants-Appellants, and Tesoro Refining and Marketing Company, Defendant. United Steel, Paper & Forestry, Rubber Manufacturing Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, on behalf of members employed by defendants; Richard Floyd, individually and on behalf of all similarly situated current and former employees; Eduardo Carbejal, individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellees, v. Shell Oil Company; Equilon Enterprises LLC, dba Shell Oil Products US, Defendants, and Tesoro Refining and Marketing Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2008.

Attorney(s) appearing for the Case

Deanna L. Ballesteros, Epstein Becker & Green, P.C., Los Angeles, CA, for appellants Shell Oil Company and Equilon Enterprises LLC dba Shell Oil Products US.

Timothy M. Rusche and William J. Dritsas, Seyfarth Shaw LLP, Los Angeles, CA, for appellant Tesoro Marketing and Refining Company.

Robert A. Cantore, Gilbert & Sackman, Los Angeles, CA, for the appellees.

Before: MYRON H. BRIGHT, STEPHEN S. TROTT, and HAWKINS, Circuit Judges.

TROTT, Circuit Judge:

United Steel, Paper & Forestry, Rubber Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, as well as Richard Floyd and Eduardo Carbejal, individually and on behalf of similarly situated current and former employees (collectively United Steel Workers), filed a class action against Shell Oil Company, Equilon Enterprises, LLC, and Tesoro Refining and Marketing Company in California state court....

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