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C.K. SMITH & CO., INC. v. MOTIVA ENTERPRISES LLC.

No. 01-1161.

269 F.3d 70 (2001)

C.K. SMITH & CO., INC., Plaintiff, Appellant, v. MOTIVA ENTERPRISES LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 25, 2001.

Attorney(s) appearing for the Case

Thomas Paul Gorman and Sherin and Lodgen LLP on brief for appellant.

Richard E. Powers, Karen M. Connors, and Zizik, LaSalle & Powers, P.C. on brief for appellee.

Before TORRUELLA and SELYA, Circuit Judges, and LISI, District Judge.

SELYA, Circuit Judge.

This appeal requires us to determine whether a franchisor's decision not to renew a service station franchise violated the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801-2841. The ousted franchisee, plaintiff-appellant C.K. Smith & Co., Inc. (CKS), complains that the decision of the franchisor, defendant-appellee Motiva Enterprises LLC, to discontinue the franchise relationship following CKS's failure to execute a renewal...

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