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JIMICO ENTERPRISES, INC. v. LEHIGH GAS CORP.

Docket No. 11-4563-cv.

708 F.3d 106 (2013)

JIMICO ENTERPRISES, INC., Plaintiff-Appellee, Brownson Enterprises, Inc., Plaintiff-Counter-Defendant-Appellee, Peter Brownson, Counter-Defendant-Appellee, v. LEHIGH GAS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 20, 2013.

Attorney(s) appearing for the Case

URS Broderick Furrer , Harriton & Furrer, LLP, Armonk, NY, for Appellant.

Richard D. Schwartz ( Kendall S. Zylstra , on the brief), Faruqi & Faruqi, LLP, Jenkintown, PA; Christopher Massaroni , McNamee, Lochner, Titus & Williams, P.C., Albany, NY, for Appellees.

Before: WALKER, CABRANES, and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Defendant Lehigh Gas Corporation ("Lehigh") appeals from a summary judgment of the United States District Court for the Northern District of New York (Glenn T. Suddaby, Judge) awarding damages to plaintiffs, Jimico Enterprises, Inc. ("Jimico") and Brownson Enterprises, Inc. ("Brownson," jointly "plaintiffs"), under the Petroleum Marketing Practices Act ("PMPA" or "Act"), 15 U.S.C. §§ 2801-2841. Lehigh contends...

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