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CONSUMERS PETROLEUM CO. v. TEXACO, INC.

No. 84-1657.

804 F.2d 907 (1986)

CONSUMERS PETROLEUM CO., Plaintiff-Appellant, v. TEXACO, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Robert B. Weiss, Norman C. Ankers (argued), Brian C. Figot, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for plaintiff-appellant.

J. Walker Henry (lead counsel), Clark, Klein & Beaumont, Detroit, Mich., Randall B. Robinson (lead counsel, argued), Robert E. Fuller, Texaco Inc-Legal Dept., White Plains, N.Y., for defendant-appellee.

Before JONES, Circuit Judge, and PECK and CONTIE, Senior Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Plaintiff Consumers Petroleum Company appeals from a summary judgment dismissing this action alleging a violation of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2801 et seq. (1982), and pendent state law claims. The district court held that the PMPA claim was barred by the Act's one-year statute of limitations and that the pendent state law claims were pre-empted by the Act. It also denied Consumers' motion...

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