United States v. Davis

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

URBOM, Senior District Judge.

The plaintiff, Norval Van Diest, doing business as Van’s Ranch Service, has brought this action against Conoco Inc. (“Conoco”), pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. § 2801 et seq. (“PMPA”). Van Diest contends that Conoco nonrenewed his jobber franchise agreement in violation of the PMPA. The PMPA provides that once a franchisee establishes the nonrenewal of the franchise, then the franchisor bears the burden of establishing, as an affirmative defense, “that such nonrenewal was…