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GETTY PETROLEUM CORP. v. HARSHBARGER

Civ. A. No. 92-12261-T.

807 F.Supp. 855 (1992)

GETTY PETROLEUM CORP., Plaintiff, v. L. Scott HARSHBARGER, as he is the Attorney General of the Commonwealth of Massachusetts, Defendant.

United States District Court, D. Massachusetts.

December 2, 1992.

Attorney(s) appearing for the Case

Chester A. Janiak, Gary William Smith, Burns & Levinson, Boston, MA, for plaintiff.

William T. Matlack, Asst. Atty. Gen., Thomas M. Alpert, Office of Atty. Gen., Public Protection Bureau, Boston, MA, for defendant.

MEMORANDUM

TAURO, Chief Judge.

Plaintiff, Getty Petroleum Corporation ("Getty"), seeks to enjoin state enforcement of M.G.L. c. 93E, § 4A(a),1 on the grounds that its provisions prevent oil companies from negotiating operating hours with their Massachusetts dealers, and that such proscription violates the federal Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801-2806.2 At...

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