United States Third Circuit

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Kehm Oil Co. v. Texaco, Inc., 07-1650

In a suit alleging violations of the Petroleum Marketing Practices Act (PMPA) by a franchisor who terminated a franchise agreement, summary judgment for defendants is affirmed in part and vacated in part where: 1) the PMPA claim was time-barred as plaintiff did not have a "franchise relationship" with defendant after 1987; 2) a remand was necessary to determine whether plaintiff's state-law claims were preempted by the PMPA; and 3) additional defendants were properly dismissed for lack of personal jurisdiction.

Appellate Information

  • Argued 03/13/2008
  • Decided 07/31/2008
  • Published 07/31/2008

Judges

  • Before: FUENTES, CHAGARES, and VAN ANTWERPEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Thomas J. Farnan (Argued), Robb, Leonard & Mulvihill, Pittsburgh, PA, for Appellants.

  • For Appellees:
  • Samuel E. Stubbs (Argued), David M. Goldberg, Matthew E. Coveler, Esq., Jennifer B. Hogan, Esq., Pillsbury, Winthrop, Shaw & Pittman, Houston, TX, Eric L. Horne, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Appellees.
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