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KOYLUM, INC. v. PEKSEN REALTY CORP.

Docket Nos. 99-9039 (L), 99-9229(CON).

272 F.3d 138 (2001)

KOYLUM, INC., Plaintiff-Appellee, v. PEKSEN REALTY CORP., f/k/a Route 25 Calverton Realty Corp., successor by merger to Ridge Petroleum Realty Corp., Defendant-Appellant, 1677 Ridge Road Realty Corp., a necessary party, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Robert G. Del Gadio, Law Office of Robert G. Del Gadio, Uniondale, NY, for Defendant-Appellant.

Edward A. Christensen, Law Office of Edward A. Christensen, Oyster Bay, NY, for Appellant Peksen Realty Corp.

Arnold P. Azarow, Law Office of Arnold P. Azarow, Garden City, NY, for Plaintiff-Appellee Koylum, Inc.

Before VAN GRAAFEILAND, NEWMAN, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge.

Defendants, who are lessors of a gas station, appeal from an order of the United States District Court for the Eastern District of New York (Spatt, J.) preliminarily enjoining them from ousting their tenant, plaintiff Koylum, Inc., the operator of the station. The defendants contend that under the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2801 et seq., the district court did not have subject matter jurisdiction...

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