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THELEN OIL CO., INC. v. FINA OIL & CHEMICAL CO.

Nos. 91-3046, 92-1111.

962 F.2d 821 (1992)

THELEN OIL COMPANY, INC., Appellee, v. FINA OIL & CHEMICAL COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1992.

Attorney(s) appearing for the Case

Jeffrey Moore Cross, Chicago, Ill., argued (Derald W. Wiehl, Sioux Falls, S.D., on brief) for appellant.

Mark V. Meierhenry, Sioux Falls, S.D., argued (John E. Burke, on brief), for appellee.

Before McMILLIAN, FAGG, and WOLLMAN, Circuit Judges.

FAGG, Circuit Judge.

Thelen Oil Company, Inc. (Thelen) brought this action against Fina Oil & Chemical Company (Fina) under the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801-2841 (1988), contending Fina wrongfully terminated a franchise agreement between them. Fina counterclaimed against Thelen asserting violations under certain provision of the Lanham Act, 15 U.S.C. §§ 1114, 1117, 1125(a) (1988), breach of a distributor sales...

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