FIUMARA v. TEXACO, INC.


426 Pa. 159 (1967)

Fiumara, Appellant, v. Texaco, Inc.

Supreme Court of Pennsylvania.

June 29, 1967.


Attorney(s) appearing for the Case

A.E. Hurshman, for appellant.

Henry T. Reath, with him Paul B. Wells, of the New York Bar, and Duane, Morris & Heckscher, for Texaco, Inc., appellee.

Robert W. Sayre, Frank R. Clampitt, of the New York Bar, and Saul, Ewing Remick & Saul, for Sinclair Refining Company in its own right and as successor by merger to Richfield Oil Corporation of New York, appellee.

Miles W. Kirkpatrick, Henry T. Hartmann, of the New York Bar, and Morgan, Lewis & Bockius, for Humble Oil & Refining Co., appellee.

John T. Clary, for Gulf Oil Corporation, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE JONES, June 29, 1967:

Pasquale Fiumara, [Fiumara], the owner of a gasoline station, on August 5, 1964, filed a petition in the Court of Common Pleas No. 5 of Philadelphia County for a rule to show cause why a complaint he proposed to file against Texaco, Inc., Sinclair Refining Company, Humble Oil and Refining Company, Gulf Oil Corporation and Richfield Oil Corporation of New York, [Oil Companies], "shall not remain within the exclusive jurisdiction...

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