Martin v. Texaco, Inc.

ORDER

STAFFORD, Chief Judge.

At the pre-trial conference held in this case on February 1, 1985, the court left open the issue of strict compliance with the notice requirements of the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. §§ 2801-2806. After reviewing the trial memoranda and the relevant case law, and hearing argument of counsel, the court determines that both of the following questions should be submitted to the jury: (1) whether plaintiff received the summary statement and, if he did not, (2) was he thereby deprived of adequate notification.

Plaintiff denies having received the…