Hershell Don Simmons Nancy Louise Simmons, His Wife v. Mobil Oil Corporation

LEAVY, Circuit Judge:

In 1976, the appellant Hershell Don Simmons (“Simmons”) entered into a franchise agreement with Mobil Oil Corporation (“Mobil”) to lease a gasoline service station in Peoria, Arizona, and to buy Mobil petroleum products to be retailed under the Mobil trademark. Simmons operated the station under three-year franchises with Mobil that were renewed in 1979, 1982, and 1985.

On January 4, 1988, Mobil gave Simmons notice that his existing lease and retail dealer contract would expire on August 1, 1988. Mobil stated that they would not be renewed because it desired to make…