MEMORANDUM **

Sinclair Oil Corporation appeals from the district court’s judgment dismissing its *623 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.