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SCHWARTZ v. SUN CO., INC. (R & M)

Nos. 99-2347, 99-2393.

276 F.3d 900 (2002)

Thomas M. SCHWARTZ; Schwartz Services, Ltd.; T & J Enterprises, Plaintiffs-Appellants/Cross-Appellees, v. SUN CO., INC. (R & M), Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 16, 2002.

Attorney(s) appearing for the Case

Harry C. Storm (argued and briefed), Abrams, West, Storm & Diamond, Bethesda, MD, for Plaintiffs-Appellants.

William J. Brennan (briefed), A. Christopher Young (argued and briefed), James M. Brogan (briefed), Pepper Hamilton LLP, Philadelphia, PA, James N. Martin (briefed), Amy M. Johnston (briefed), Martin, Bacon & Martin, Mt. Clemens, MI, for Defendant-Appellee.

Before: MARTIN, Chief Judge; SUHRHEINRICH, Circuit Judge; OLIVER, District Judge.

BOYCE F. MARTIN, JR., Chief Judge, delivered the opinion of the court, in which OLIVER, District Judge, joined. SUHRHEINRICH, Circuit Judge, (p. 905) issued a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

On June 21, 1996, plaintiff Thomas Schwartz, the franchisee or co-franchisee of several gas stations in the Flint, Michigan area, sued his franchiser, Sun Company, because Sun...

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