Union Oil Co. of California v. Rainey

MEMORANDUM DECISION

Before CHRISTENSEN, JAMESON* and McNICHOLS, Judges. CHRISTENSEN, Judge.

This is a second appeal of this action. In Rainey v. Union Oil Co. of California, 732 F.2d 1563 (Em.App.1984), this court held that direction of the jury verdict against the plaintiffs was error, and reversed and remanded. The regulatory background and factual situation involved in the present appeal are sufficiently indicated in our earlier opinion to render unnecessary their repetition here.1

*706James Q. Rainey and Edwin E. Wampler (plaintiffs) claimed that the defendant Union Oil Company (Union) had…