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DARLING v. MOBIL OIL CORP.

No. 1296, Docket 88-7209.

864 F.2d 981 (1989)

Byron C. DARLING, III, Plaintiff-Appellant, v. MOBIL OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 4, 1989.

Attorney(s) appearing for the Case

Richard W. Farrell, Stamford, Conn. (Albert J. Barr, Farrell & Barr, Stamford, Conn., of counsel), for plaintiff-appellant.

Andrew J. Kilcarr, Washington, D.C. (Edward C. Duckers, Hogan & Hartson, Washington, D.C., of counsel), for defendant-appellee.

Dimitri G. Daskalopoulos, Washington, D.C., filed an amicus curiae brief for Service Station Dealers of America, Inc., Fair Franchising Coalition, New York State Assn. of Service Stations, Long Island Gasoline Retailers Assn., Tri State Gasoline and Automotive Retailers Assn. of Maine, New Hampshire and Vermont.

Before NEWMAN, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal from cross-motions for summary judgment requires an examination of the relationship between the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1982) (PMPA or the Act), and the Connecticut Gasoline Dealer's Act, Conn.Gen.Stat. § 42-133j-42-133n (1987) (Connecticut Act), in the context of the termination of a retail franchise agreement. The PMPA was enacted in 1978 primarily to prevent arbitrary terminations...

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