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JENNINGS OIL CO., INC. v. MOBIL OIL CORP.

No. 77 Civ. 1398 (HFW).

539 F.Supp. 1349 (1982)

JENNINGS OIL COMPANY, INC., et al., Plaintiff, v. MOBIL OIL CORPORATION, Defendant.

United States District Court, S. D. New York.

May 21, 1982.

Attorney(s) appearing for the Case

Berger & Montague, P.C., Philadelphia, Pa. (David Berger, Warren D. Mulloy, Howard Langer, Philadelphia, Pa., of counsel), Bassman, Mitchell & Levy, Alexandria, Va. (Richard Levy, Alexandria, Va., of counsel), Olnick, Seltzer & Boxer, New York City (Donald A. Derfner, New York City, of counsel), for plaintiffs.

Donovan, Leisure, Newton & Irvine, New York City (Sanford M. Litvack, John H. Wilkinson, New York City, of counsel), for defendant.

OPINION

WERKER, District Judge.

Defendant Mobil Oil Corporation ("Mobil") moves for summary judgment pursuant to Fed.R.Civ.P. 56 as to Counts II and III of the amended complaint. Mobil also seeks decertification of the class on Count III. Plaintiffs have cross-moved for summary judgment on Count III of the amended complaint.

The background of this case is set forth in the Court's opinion conditionally certifying the action as a class action, see...

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