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JOHN & KOSTAS SERV. STATION v. CUMBERLAND FARMS

No. 91-1502.

948 F.2d 821 (1991)

JOHN & KOSTAS SERVICE STATION, INC., Plaintiff, Appellant, v. CUMBERLAND FARMS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 6, 1991.

Attorney(s) appearing for the Case

Michael P. Murphy with whom Robert E. Weiner, Boston, Mass., was on brief, for plaintiff, appellant.

Paul D. Sanson with whom Timothy Patrick Brady, Shipman & Goodwin, Hartford, Conn., and Mark G. Howard, Canton, Mass., were on brief, for defendant, appellee.

Before CAMPBELL, Circuit Judge, BROWN and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

This is an appeal by plaintiff-appellant John & Kostas Service Station, Inc. ("Kostas") from a summary judgment in favor of defendant-appellee Cumberland Farms, Inc. ("Cumberland").

I.

Kostas operated a retail motor fuel service station as a franchisee of Cumberland. Its franchise agreement expired on October 31, 1987. On September 3, 1987, Cumberland offered a new franchise agreement to Kostas for the period November...

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