O'SHEA v. AMOCO OIL CO.

No. 88-5386.

886 F.2d 584 (1989)

Timothy O'SHEA t/a Tim's Amoco, Appellant, v. AMOCO OIL COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 25, 1989.

As Amended October 6, 1989.

Rehearing and Rehearing Denied October 26, 1989.


Attorney(s) appearing for the Case

Frederic J. Gross (Argued), Frederic J. Gross Law Firm, Mount Ephraim, N.J., for appellant.

William A. De Stefano, Natalie Amann, DeStefano & Guernsey, Philadelphia, Pa., Thomas J. Ciechanowski, Amoco Corp., Chicago, Ill., for appellee.

Jerry S. Cohen, Cohen, Milstein & Hausfald, Washington, D.C., Richard W. Farrell, Stamford, Conn., Dimitri G. Daskalopoulos, Washington, D.C., for amicus curiae of the Service Station Dealers of America, Inc., Fair Franchising Coalition, New Jersey Gasoline Retailers Assn., Pennsylvania-Delaware Service Station and Auto Repair Assn.

Before SLOVITER, BECKER, Circuit Judges and FULLAM, District Judge.


Rehearing and Rehearing In Banc Denied October 26, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal addresses the vexing question whether Title I of the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. §§ 2801-06 (1982), prevents a petroleum company franchisor from terminating a gas station franchisee who refuses to comply with a company marketing strategy that demands that the gas station remain open 24 hours a day. The...

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