GETTY PETROLEUM MARKETING v. CAPITAL TERMINAL CO.

No. 03-2324.

391 F.3d 312 (2004)

GETTY PETROLEUM MARKETING, INC., and Getty Properties Corporation, Plaintiffs, Appellees, v. CAPITAL TERMINAL COMPANY and Dunellen, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 10, 2004.


Attorney(s) appearing for the Case

Gerald J. Petros, with whom Charles J. Blackman, Hinckley, Allen & Snyder, LLP, and Duffy & Sweeney, Ltd were on brief, for appellants.

James W. Ryan, with whom Robert K. Taylor and Partridge, Snow & Hahn, LLP were on brief, for appellees.

Before LYNCH and LIPEZ, Circuit Judges, and GARCIA-GREGORY, District Judge.


PER CURIAM.

This case requires us to determine whether appellant Capital Terminal Company was entitled to reach a jury on its claim that certain improvements to a fire suppression system were required by "regulations" under the terms of its written agreement with appellee Getty Properties Corporation. At the conclusion of appellant's case, the district court granted appellee's motion for judgment as a matter of law because, in the court's view, appellant had failed...

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