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SHELL OIL CO. v. MARINELLO

120 N.J. Super. 357 (1972)

294 A.2d 253

SHELL OIL COMPANY, A CORPORATION OF THE STATE OF DELAWARE, AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF, v. FRANK MARINELLO, DEFENDANT. FRANK MARINELLO, DOING BUSINESS AS GARDEN SHELL STATION, PLAINTIFF, v. SHELL OIL COMPANY, A DELAWARE CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division Superior Court of New Jersey, Chancery Division.

Decided July 21, 1972.

Attorney(s) appearing for the Case

Mr. Andrew S. Polito and Mr. Michael Loprete, for plaintiff-defendant Shell Oil Company (Messrs. Mattson, Madden, Polito & Loprete, attorneys)

Mr. Joseph R. Mariniello, for defendant-plaintiff Frank Marinello (Messrs. Fierro, Fierro & Mariniello, attorneys)

GELMAN, J.J. & D.R. Ct. (temporarily assigned).

This controversy concerns the relationship between a major oil company and one of its service station dealers. Plaintiff ("Shell") is a major producer of petroleum products, including automotive gasoline, oils and lubricants. Its products are sold to the public under the trademark "Shell" through hundreds of service stations throughout the State. In many instances Shell controls the properties on which its stations...

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