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AUTOMATIC COMFORT, CORP. v. D & R SERVICE

No. Civ. H-84-1069 (PCD).

620 F.Supp. 1349 (1985)

AUTOMATIC COMFORT, CORP. v. D & R SERVICE, INC.

United States District Court, D. Connecticut.

October 28, 1985.

Attorney(s) appearing for the Case

Eliot B. Gersten, John K. Atticks, III, Gersten & Gersten, Hartford, Conn., for plaintiff.

Richard W. Farrell, Farrell & Barr, Stamford, Conn., for defendant.

MEMORANDUM OF DECISION

DORSEY, Judge.

In order to obtain the clear right to treat as breached two contracts entered into with defendant, plaintiff seeks a judgment declaring defendant's rights under the contracts null and void. Plaintiff claims it is not limited by the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2801, et seq., and asks for a declaratory judgment to that effect. Defendant claims rights

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