Fresher v. Shell Oil Company

846 F.2d 45 Cecil FRESHER; Gerald Cochran; Don Sorenson; Bob Jones; Leland Wienke; Monte Cooper; Jerry Illingworth; Bruce Chapman; Tom Doll; George Schreiner; Robert Peck; Denny Bird; Eddie Attrash; Mark Saxe; Fresne's Auto Service, Inc.; and Dwight Estby, Plaintiffs-Appellants, v. SHELL OIL COMPANY, a Delaware corporation, Defendant-Appellee. No. 87-3781. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1988. Decided May 5, 1988. Mark A. LaMantia, Evanston, Ill., John S. Butterfield, Shannon and Johnson, Portland, Or., for plaintiffs-appellants. George A. Nachtigall, Shell Oil Co., Houston, Tex., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before GOODWIN, NELSON and LEAVY, Circuit Judges. PER CURIAM: 1 Appellants are retail dealers of motor fuels in Portland, Oregon. Each entered into a Dealer Agreement and Motor Fuel Station Lease with appellee, Shell Oil Company (Shell). Under the agreements the dealers have the right to purchase and resell motor fuels under the Shell trademark at station locations owned by Shell. 2 The dealers brought this action in U.S. District Court alleging that Shell had…