Opinion · Court of Appeals for the Second Circuit
Ackley v. Gulf Oil Corp.
Ackley v. Gulf Oil Corp., 889 F.2d 1280 (2d Cir. 1989)
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1989-11-27
- Topic
- commercial
PER CURIAM: Plaintiffs-appellants, fourteen Connecticut service station operators (hereafter the “Dealers”), appeal from a summary judgment entered in the United States District Court for the District of Connecticut (Burns, Ch.J.) in favor of defendants-appel-lees Gulf Oil Corporation, Chevron U.S.A., Inc., and Cumberland Farms, Inc. In three separate actions, later consolidated, the Dealers alleged claims grounded in violations of the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1982) (hereafter “PMPA”), and pendent state law claims. They challenge the transfer to Cumberland Farms of their franchise agreements with Chevron, arguing that the *1281assignment was invalid under the PMPA and under Connecticut law. First, they argue that the assignment effected a termination of the franchises within the meaning of the PMPA, since it substantially altered the franchise relationship and was thus invalid under the Uniform Commercial Code, see Conn.Gen.Stat.Ann. § 42a-2-210 (West 1960). Second, they contend that they are entitled to the right of first refusal to purchase the properties under section 2802(b)(2)(E)(iii) of the PMPA.
Citator
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- Authority status
- pending
- Cited by
- 8 opinions
Richard M. Reynolds, Hartford, Conn. (Scott P. Moser, James Sicilian, Steven M. Greenspan, Day, Berry Howard, Hartford, Conn., and Robert P. Taylor, Pillsbury, Madison Sutro, San Francisco, Cal., of counsel), for defendants-appellees Gulf Oil and Chevron.
Paul D. Sanson, Hartford, Conn. (James B. Pomeroy, Mark P. Anderson, Shipman Goodwin, Hartford, Conn., and Mark G. Howard, Associate Gen. Counsel, Cumberland Farms, Inc., of counsel), for defendant-appellee Cumberland Farms.
Dimitri G. Daskalopoulos, Washington, D.C., filed a brief for amicus curiae Service Station Dealers of America.
Nathaniel J. Nazareth, North Kingstown, R.I. (Rogers Nazareth, North Kingstown, R.I.), filed a brief for amicus curiae Connecticut-Rhode Island Gasoline Retailers Garage Owners Ass'n, Inc.
[2] All these arguments were rejected in the comprehensive and well-reasoned opinion of Chief Judge Ellen Bree Burns.SeeAckley v. Gulf Oil Corp.,726 F.Supp. 353 (D.Conn. 1989). We affirm substantially for the reasons given in that opinion.Page 4
- Hon. Morris E. Lasker, Senior United States District Judge for the Southern District of New York, sitting by designation. ↩