ABRAMS SHELL v. SHELL OIL CO.

No. 02-21028.

343 F.3d 482 (2003)

ABRAMS SHELL; Town Center Shell; Palm Springs Shell; Lorna Ratonel; Fouad Dagher; Houda, Inc.; and Garnerville Shell, on behalf of themselves and those similarly situated, Plaintiffs-Appellants, v. SHELL OIL COMPANY; Equilon Enterprises, LLC; Motiva Enterprises, LLC; Equiva Services, LLC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 18, 2003.


Attorney(s) appearing for the Case

Paul B. Rosen, Law Office of Paul B. Rosen, Bellaire, TX, Thomas P. Bleau, Los Angeles, CA, for Plaintiffs-Appellants.

Jefferson Gregory Copeland, J. Michael Baldwin, Macey Reasoner Stokes, David Michael Rodi, Baker Botts, Houston, TX, for Defendants-Appellees.

Before WIENER, CLEMENT, and PRADO, Circuit Judges.


CLEMENT, Circuit Judge:

Plaintiffs are independent lessee-dealers of Shell-branded gasoline stations who contend that Defendants violated the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. § 2801 et seq. (2003), by presenting a new set of franchise agreements in a "take it or leave it" manner. The district court found that the PMPA does not permit claims for constructive termination, so the court granted...

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