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TEXACO REFINING & MARKETING, INC. v. AETNA CAS. & SUR. CO., INC.

No. 88-6332.

895 F.2d 637 (1990)

TEXACO REFINING AND MARKETING, INC., Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1990.

Attorney(s) appearing for the Case

John F. Kimberling, Dewey, Ballantine, Bushby, Palmer & Wood, Los Angeles, Cal., for plaintiff-appellant.

Bruce A. Bevan, Musick, Peeler & Garrett, Los Angeles, Cal., for defendant-appellee.

Before NORRIS, REINHARDT and TROTT, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

In 1978, appellant Texaco Refining and Marketing Inc. (Texaco) and Oasis Petroleum Corp. (Oasis) entered into a contract obligating Texaco to sell and Oasis to buy oil. Appellee Aetna Casualty and Surety Co., Inc. (Aetna) issued a bond guaranteeing payment for Oasis' oil purchases under the contract.

On December 5, 1985, Texaco and Oasis executed a Seventh Amendment to the contract. The amendment, which was by its own terms...

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