Whether all gasoline is a fungible commodity and whether wholesale fuel pricing methods that deviate from industry standards satisfy good faith requirements under UCC §2-305

1. Whether all gasoline, including branded gasoline, is a fungible commodity. 2. Whether in an open price term contract governed by California Commercial Code §2305 (adopted from Uniform Commercial Code §2 -305), setting wholesale prices by using a method and manner that is not standard within the industry nor used by any other wholesale distributor pushes a case out of Uniform Commercial Code §2 -305’s good faith safe harbor provision. 3. Whether in an open price term contract governed by California Commercial Code §2305 (adopted from Uniform Commercial Code §2 -305), the proper “in the range” price comparison analysis in determining whether a seller’s price is commercially reasonable (and thus set in good faith) is (a) a comparison between those within the same class of trade as the seller/merchant or (b) a comparison between those whom the seller considers to be its “competitors” regardless of class of trade. ii LIST OF ALL