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McGUIRE OIL CO. v. MAPCO, INC.

1911143.

612 So.2d 417 (1992)

McGUIRE OIL COMPANY, et al. v. MAPCO, INC., and Mapco Petroleum, Inc.

Supreme Court of Alabama.

December 18, 1992.

Attorney(s) appearing for the Case

W. Dennis Summers and Ezra B. Jones III of Summers & Jones, P.C., Atlanta, GA, for appellants.

J.P. Courtney III, Wesley Pipes and G. Sage Lyons of Lyons, Pipes & Cook, P.C., Mobile, for appellees.

Linda A. Friedman and Patricia T. Mandt of Bradley, Arant, Rose & White, Birmingham, for amicus curiae American Petroleum Institute.

Douglas E. Jones of Jones & Rogers, Nashville, TN, for amicus curiae Tennessee Oil Marketers Ass'n.

H. Dean Mooty, Jr. of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for amicus curiae Alabama Oilmen's Ass'n/Alabama Ass'n of Convenience Stores.

James C. Huckaby, Jr., Birmingham, and Robert G. Abrams, William R. O'Brien, Stuart H. Harris and M. Lee Doane, Washington, DC, and Francis J. Devlin, Houston, TX, for amici curiae Exxon Co., U.S.A., Chevron U.S.A. Inc.

S. Allen Baker, Jr., John F. Mandt and Will Hill Tankersley, Jr., Birmingham, and James D. Hurley, Houston, TX, for amici curiae BP Exploration & Oil, Inc. d/b/a BP Oil Co. and Star Enterprise.

KENNEDY, Justice.

McGuire Oil Company, Delta Oil Company, and Diamond Gasoline Stations sued the defendants, Mapco, Inc., and Mapco Petroleum, Inc., alleging violations of the Alabama Motor Fuel Marketing Act ("AMFMA"), § 8-22-1 et seq., Ala.Code 1975. Berwick Oil Company subsequently replaced Delta Oil by stipulation of the parties. The defendants removed the case to a federal court, based on diversity grounds, and counterclaimed against the plaintiffs, claiming...

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