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Contracts Keyed to Farnsworth
Bains LLC v. Arco Prod. Co.
Citation:
405 F.3d 764Facts
Paul, Gary, and Deep Bains were a Sikh family who did business as a corporation under the name “Flying B” (plaintiff). The brothers owned several gas stations and had a tanker truck to haul gasoline to their stations. Following a pipeline rupture, ARCO Prod. Co. (“ARCO”) (defendant) contracted with Flying B to haul fuel for them. During the period that Flying B transported fuel from ARCO, the Bain brothers and their employees endured considerable abuse from ARCO employee Bill Davis. The Bain brothers were referred to as “diaperheads” and “ragheads” by Davis, who held ethnic animus against Sikhs. Instead of stopping Davis’s abuse, ARCO terminated Flying B without reason nor notice. Flying B was forced to lay off numerous employees and sell their tanker trucks. As a result, Flying B brought suit against ARCO.
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