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Frank Ackley, D/B/A Village Square Chevron, Robert A. Blosio, D/B/A Long Ridge Chevron, Inc., James D. Chayka, D/B/A Home Gulf Service, Inc., Robert Cohn, D/B/A Fairport Gulf, Vincent Condito, D/B/A Vinny's Courtland Service, George S. Lombardo, Jr., D/B/A Avon Chevron Service, Inc., Paul A. Morello, Sr., D/B/A Morello's Gulf/morello's Service Station, Douglas Schley, D/B/A Fairfield Gulf, John J. Todd Iii, D/B/A Danbury Gulf, Inc., George Williamson, D/B/A George Williamson Auto Electric, Inc., Thomas S. Zawatski, D/B/A Cos Cob Gulf, David Maguire, D/B/A Al & Bill's Gulf Service, Inc., Kenneth Cerritelli, D/B/A Cerritelli Chevron Service, Inc., Santo J. Ciarcia, D/B/A Glastonbury Chevron, Donald Haviland, D/B/A Chevron Car Wash of New Canaan and Frederick O'neil, D/B/A Chevron Car Wash v. Gulf Oil Corporation, Chevron U.S.A., Inc., and Cumberland Farms, Inc.
Citations: 889 F.2d 1280; 1989 U.S. App. LEXIS 17926Docket: 266
Court: Court of Appeals for the Second Circuit; November 26, 1989; Federal Appellate Court
Fourteen Connecticut service station operators (the "Dealers") appealed a summary judgment from the U.S. District Court for the District of Connecticut favoring Gulf Oil Corporation, Chevron U.S.A., and Cumberland Farms, Inc. The Dealers alleged violations of the Petroleum Marketing Practices Act (PMPA) and state law due to the transfer of their franchise agreements to Cumberland Farms. They contended that this transfer constituted a termination of their franchises under the PMPA, as it significantly altered the franchise relationship, violating the Uniform Commercial Code. The Dealers also argued that they had a right of first refusal to purchase the properties according to PMPA provisions, claimed violations of the Connecticut Unfair Trade Practices Act, and asserted that their franchises were automatically renewed under state law. They further alleged that substantial rental increases imposed by Cumberland Farms breached the PMPA and state law. Chief Judge Ellen Bree Burns thoroughly addressed and rejected each of these claims in her opinion. The Court of Appeals affirmed her decision, citing her comprehensive reasoning as the basis for their affirmation.