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CARTER v. EXXON CO. USA, A DIV. OF EXXON CORP.

Nos. 97-5248, 97-5272.

177 F.3d 197 (1999)

Richard CARTER; Carol Carter, husband and wife, d/b/a Forsum, Inc.; Forsum, Inc., Appellants, v. EXXON COMPANY USA, A DIVISION OF EXXON CORPORATION. Exxon Corporation, Defendants/Third-Party Plaintiffs, v. Petroleum Technologies, Inc., Third-Party Defendant. Richard Carter; Carol Carter, husband and wife, d/b/a Forsum, Inc.; Forsum, Inc., v. Exxon Company USA, a division of Exxon Corporation; Exxon Corporation, Defendants/Third-Party Plaintiffs, v. Petroleum Technologies, Inc., Third-Party Defendant, Exxon Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed May 24, 1999.

Attorney(s) appearing for the Case

Andrew J. Stern (Argued), David A. Yanoff, Beasley, Casey & Erbstein, Philadelphia, PA, for Appellants in No. 97-5248.

Steven J. Fram (Argued), Archer & Greiner, Haddonfield, New Jersey, for Appellant in No. 97-5272.

Before: SLOVITER, GREENBERG, Circuit Judges, and GIBSON, Senior Circuit Judge.

OPINION OF THE COURT

JOHN R. GIBSON, Senior Circuit Judge.

Richard Carter and his wife, Carol, appeal and argue that the district court erred in granting summary judgment in favor of Exxon Company USA on their Petroleum Marketing Practices Act1 claim and on Exxon's state law counterclaim. They also contend, with respect to their state law contract claims, that the district court erred in instructing the jury, in interpreting...

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