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TOTAL PETROLEUM, INC. v. DAVIS

No. 85-1503.

788 F.2d 476 (1986)

TOTAL PETROLEUM, INC., Appellant, v. Gary J. DAVIS, d/b/a Gary J. Davis Oil Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Arthur L. Smith, Washington, D.C., for appellant.

James E. Reeves, Caruthersville, Mo., for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.

LAY, Chief Judge.

Total Petroleum, Inc. (Total) appeals the denial of its motion for a directed verdict on Total's claim against its distributor, Gary Davis, for money owing on an open account. Total also appeals the district court's denial of its motion for a directed verdict in its favor on Davis' counterclaims for fraud and for violation of the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2806 (1982) (PMPA). In the alternative, Total seeks a reversal...

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