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EASTLING v. BP PRODUCTS NORTH AMERICA, INC.

No. 08-3661.

578 F.3d 831 (2009)

David EASTLING; EFP, LLC, a Minnesota Limited Liability Company, Appellants, v. BP PRODUCTS NORTH AMERICA, INC., a Maryland Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2009.

Attorney(s) appearing for the Case

Randy V. Thompson, argued, St. Paul, MN, for appellant.

Sarah L. Brew, argued, Mark L. Johnson, on the brief, Minneapolis, MN, for appellee.

Before MURPHY, ARNOLD and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

David Eastling and EFP, LLC (collectively, "Eastling"), entered into a real estate contract with BP Products North America ("BP") to purchase from BP the property on which Eastling had been operating a gas station. The real estate contract included a restrictive covenant preventing the sale of any non-BP petroleum products on the property. Eastling filed suit, seeking a declaratory judgment that the restrictive covenant was no longer valid...

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