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HomeMy WebLinkAboutResolutions - No. 3657W RESOLUTION NO. 3657 BE IT RESOLVED by the City Council of the City of Lodi: Section 1. That the settlement of the suit filed on behalf of the City of Lodi against Edgington Oil Company, in the case of the State of California, et al. v, Standard Oil Company of California. et al. , Civil Action No. 51107, as set forth in the Settlement Agreement dated , 1972, entered into on behalf of the City of Lodi by its counsel is hereby authorized, approved and ratified. Section 2. That Henry A. Glaves, City Manager, be and he is hereby authorized to execute and deliver the Final Release approved by its counsel (Exhibit C to the Settlement Agreement) and cause the suit to be dismissed without prejudice, each party to bear its own costs and attorneys' fees. Dated: July 26, 1972 I hereby certify that Resolution No. 3657 was passed and adopted by the City Council of the City of Lodi in an adjourned regular meeting held July 26, 1972 by the following vote: Ayes: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER and E'HRHARDT Noes: Councilmen - None Absent: Councilmen - None W4m M 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2,P 2E 27 Z= 25 3( 31 EVELLE J. YOUNGER, Attorney General of the State of California MICHAEL I. SPIEGEL CAROLE A. KORPBLUM RICHARD N. LIGHT Deputy Attorneys General 6000 State Building San Francisco, Calif. 94102 (415) 557-3415 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE COORDINATED PRETRIAL Master File No. PROCEEDINGS IN WESTERN LIQUID 50173 RES Civil ASPHALT CASES THIS DOCUMENT RELATES TO: THE STATE OF CALIFORNIA, et al., Civil Action No. 51107 Plaintiffs, v. FINAL RELEASE STANDARD OIL COMPANY OF CALIFORNIA. et al., Defendants. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the city of Lodi acting by and through its duly authorized undersigned officer, does hereby release and discharge Edgington Oil Company, and the present and former officers, directors, employees, agents, attorneys, subsidiaries, affiliates, and successors of such company, from any and all claims and demands of whatever natur anticipated or unanticipated, known or unknown, as indicated below: 1. A "* 1 1. All claims and demands based in whole or in part 2 on the facts, or any of them, asserted in the complaint or 3 other pleadings, records or documents in the case of the State 4 of California. et al. v. Standard Oil Company of California, 5 et al., Civil Action No. 51107. s 2. All claims and demands based upon monopolization, 7 attempt to monopolize, conspiracy to monopolize, conspiracy or E combination in restraint of trade, and unfair competition, in 9 connection with the manufacture, marketing and sale of liquid lc asphalt up to and including the date of this release. 11 3. Any and all claims and demands arising out of, 12 or by virtue of, any alleged violations of the laws or regula- 13 tions of the United States Government, or any agency thereof, 14 or the laws of any of the several states or political divisions IE thereof, or any agency thereof, in connection with the manu- lE facture, marketing and sale of liquid asphalt up to and includit 17 the date of this release. lE This release is not intended to and does not release 15 or in any way narrow any claims against any other person_or 2c entity, including any other defendant named in the case cited 21 above. 2. Executed this 26th I day of July , 1972. 2 CITY OF LODI Henry A. Glaves, City Manager 24 By 'Its Duly Authorized Officer 2: 2f 2, Attorney 2E 2� 3{ 31 2. A oar