TRANSBAY AUTO SERVICE, INC. v. CHEVRON USA INC.

Nos. 13-15439, 14-15297.

807 F.3d 1113 (2015)

TRANSBAY AUTO SERVICE, INC., a California corporation, Plaintiff-Appellee, v. CHEVRON USA INC., a Delaware corporation, Defendant-Appellant. Transbay Auto Service, Inc., a California corporation, Plaintiff-Appellee, v. Chevron USA Inc., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2015.


Attorney(s) appearing for the Case

David S. Ettinger (argued) and Mitchell C. Tilner , Horvitz & Levy LLP, Encino, CA; Robert C. Phelps , Glynn & Finley, LLP, Walnut Creek, CA, for Defendant-Appellant.

Samuel T. Rees (argued) and Martin R. Fox , Bleau Fox, Los Angeles, CA, for Plaintiff-Appellee.

Opinion by Judge TALLMAN; Dissent by Judge PIERSOL.


OPINION

The dispute before us stems from the multi-million dollar purchase of a gasoline service station in the West Portal neighborhood of San Francisco. Chevron USA Inc. contends the station's $2.375 million price tag constituted a "bona fide offer" under the Petroleum Marketing Practices Act ("PMPA"). Transbay...

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