Shell Oil Co. v. Capparelli

TENNEY, District Judge.

In this diversity action, the plaintiff, Shell Oil Company (“Shell”), is seeking a declaratory judgment pursuant to 28 U.S.C. §§ 2201, 2202, stating that Shell is entitled to recover the oil storage tanks that Shell installed at the automobile service station presently owned by the defendant, Albert U. Capparelli (“Capparelli”). 1 Shell contends that it has the right to remove the tanks from the premises pursuant to the terms of a 1958 lease (“Lease”) between Shell and the individual who owned the service station in 1958. Capparelli argues that Shell has no right to…