APRIL MARKETING & DISTRIB. v. DIAMOND SHAMROCK REF. AND MARKETING CO.

No. 95-11096.

103 F.3d 28 (1997)

APRIL MARKETING & DISTRIBUTING CORPORATION, INC., Plaintiff-Appellee, v. DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 1997.


Attorney(s) appearing for the Case

Olan John Boudreaux, James A. Huguenard, Fisher, Gallagher & Lewis, Houston, TX, Donald Hayes Grissom, Grissom & Thompson, Austin, TX, for plaintiff-appellee.

William Wendell Hall, Renee A. Forinash, Brynley L. James, III, Fulbright & Jaworski, San Antonio, TX, for defendant-appellant.

Charles Leslie Irvin, Conroe, TX, for Star Enterprise, amicus curiae.

Cullen M. Godfrey, San Antonio, TX, for Fina Oil and Chemical Company, amicus curiae.

Stanley W. Crawford, Houston, TX, for Coastal Refining and Marketing, Inc., amicus curiae.

Glenn G. Goodier, New Orleans, LA, for Ashland Petroleum Company, a division of Ashland, Inc., amicus curiae.

Before REAVLEY, GARWOOD and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This appeal arises out of a franchise between Diamond Shamrock Refining and Marketing Company ("Diamond Shamrock") and April Marketing and Distributing Corporation ("April Marketing"). April Marketing brought suit against Diamond Shamrock in federal district court, alleging constructive termination of the franchise in violation of the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. §§ 2801 et seq., and, alternatively...

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