Sinclair Oil Corp. v. OneOK Energy Services Co.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 21 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
In re: WESTERN STATES No. 06-15950
WHOLESALE NATURAL GAS
ANTITRUST LITIGATION, D.C. No. CV-06-00282-PMP
SINCLAIR OIL CORPORATION, MEMORANDUM *
Plaintiff - Appellant,
v.
ONEOK ENERGY SERVICES
COMPANY, L.P.,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sinclair Oil Corporation appeals from the district court’s judgment
dismissing its action as barred by the Filed Rate Doctrine. We have jurisdiction
pursuant to 28 U.S.C. § 1291. In light of defendant OneOK Energy Services
Company, L.P.’s agreement that this case should be remanded following E. & J.
Gallo Winery v. EnCana Corp., 503 F.3d 1027 (9th Cir. 2007), we reverse and
remand.
As the parties agreed in an October 22, 2009 filing, they shall bear their own
costs on appeal.
REVERSED and REMANDED.
2 06-15950