CITY OF LONG BEACH, AS TRUSTEE FOR THE STATE OF CALIFORNIA, PLAINTIFF-APPELLANT,
v.
STANDARD OIL COMPANY OF CALIFORNIA; TEXACO, INCORPORATED; EXXON CORPORATION; UNION OIL COMPANY OF CALIFORNIA; MOBIL OIL CORPORATION; SHELL OIL COMPANY, DEFENDANTS-APPELLEES; STATE OF CALIFORNIA, ON BEHALF OF ITSELF AND ALL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS WITHIN THE STATE SIMILARLY SITUATED, PLAINTIFF-APPELLANT, V. STANDARD OIL CO., ET AL., DEFENDANTS-APPELLEES; CITY OF LONG BEACH, PLAINTIFF-APPELLANT, V. STANDARD OIL CO., ET AL., DEFENDANTS-APPELLEES. IN RE COORDINATED PRETRIAL PROCEEDINGS IN PETROLEUM PRODUCTS ANTITRUST LITIGATION- MDL 150. PEOPLE OF THE STATE OF CALIFORNIA; CITY OF LONG BEACH, AS TRUSTEE FOR THE STATE OF CALIFORNIA, AND THE STATE OF CALIFORNIA AS BENEFICIARY, PLAINTIFFS-APPELLANTS, V. CHEVRON CORPORATION; UNOCAL CORPORATION; MOBIL OIL CORPORATION; SHELL OIL COMPANY; SHELL CALIFORNIA PRODUCTION, INC.; EXXON CORPORATION; EXXON COMPANY, USA; TEXACO, INC., DEFENDANTS-APPELLEES. IN RE COORDINATED PRETRIAL PROCEEDINGS IN PETROLEUM PRODUCTS ANTITRUST LITIGATION- MDL 150. PEOPLE OF THE STATE OF CALIFORNIA; CITY OF LONG BEACH, AS TRUSTEE FOR THE STATE OF CALIFORNIA, AND THE STATE OF CALIFORNIA AS BENEFICIARY, PLAINTIFFS-APPELLANTS, V. CHEVRON CORPORATION; UNOCAL CORPORATION; MOBIL OIL CORPORATION; SHELL OIL COMPANY; SHELL CALIFORNIA PRODUCTION, INC.; EXXON CORPORATION; EXXON COMPANY, USA; TEXACO, INC., DEFENDANTS-APPELLEES
The opinion filed April 17, 1989, Long Beach v. Standard Oil, 872 F. 2d 1401 (9th Cir.1989), is amended by striking the following language at page 1407, third full paragraph, 2d col., lines 7-10: “Unlike Matsushita, this is not a case of legitimate price competition or an implausible predatory pricing scheme. Cf. 475 U.S. at 588-595 [106 S.Ct. 1348 at 1356-60, 89 L.Ed.2d 538 (1986)].” and substituting therefor, “See Matsushita, 475 U.S. at 588-595 [106 S.Ct. at 1356-60].” With this amendment, the panel has voted to deny appellants’ petitions for rehearing and to reject the suggestions for rehearing en banc.
The full court was advised of the amendment to the opinion and the suggestions for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. (Fed.R.App.P. 35.)
The opinion in 86-5859/5860 is amended as set forth above, the petitions for rehearing are denied and the suggestions for rehearing en banc are rejected.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Vernon v. S. Cal. Edison Co., 955 F.2d 1361 (9th Cir. 1992)
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In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. State OF Ariz. v. Standard OIL Co. OF Cal., 906 F.2d 432 (9th Cir. 1990)
-
Union Pac. R.R. Co. & its Lessors v. Nev. Power Co., 950 F.2d 1429 (9th Cir. 1991)
Authorities Cited
- Matsushita Elec. Indus. Co., Ltd v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986)
- City OF Long Beach for the State of Cal. v. Standard OIL Co. OF Cal., 872 F.2d 1401 (9th Cir. 1989)