John A. Ketterle and John E. Ketterle, Plaintiffs-Counter-Defendants-Appellants v. B.P. Oil, Inc., Defendant-Counter-Plaintiff-Appellee

CLARK, Circuit Judge:

The plaintiffs in this case appeal the district court’s denial of their motion for attorneys’ fees under section 2805 of the Petroleum Marketing Practices Act of 1978 (“PMPA”). 1 The district court refused to award fees after granting the defendant’s unopposed motion to dismiss the case as moot. The court held that because the dismissal on the merits came before the plaintiffs received a final determination of their claims, they did not “prevail” under the Act. Because we find that the district court incorrectly interpreted the Act and that the plaintiffs did indeed…