The City of Long Beach, and the State of California v. Standard Oil Company of California, and Exxon Corporation

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The CITY OF LONG BEACH, and The State of California, Plaintiff-Appellants, Cross-Appellees, v. STANDARD OIL COMPANY OF CALIFORNIA, Defendant, and Exxon Corporation, Defendant-Appellee, Cross-Appellant. Nos. 93-55156, 93-55157, 93-55214, 93-55215, 93-55217. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1994. Decided May 8, 1995. IN PART, REVERSED IN PART, AND REMANDED. 1 Before: REINHARDT and NOONAN, Circuit Judges and TANNER, * District Judge. 2 MEMORANDUM ** 3 Exxon cross-appeals from an Order issued by the district court denying their motion for attorneys' fees on plaintiffs' contract claims. Exxon also appeals the district court's grant of summary judgment for the city on their counterclaim for overpayment. We agree with the district court that Exxon is not entitled to attorneys' fees but we disagree with the district court that the city is entitled to Eleventh Amendment immunity…