Legal Opinion
Mariniello v. Shell Oil Co.
Court of Appeals for the Third Circuit
Decided February 14, 1975No. 74-1385PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
The issue for resolution in this case is whether the decision of the New Jersey Supreme Court in Shell Oil Co. v. Mari*855nello,1 which the plaintiff seeks to apply here, is violative of the United States Constitution. The district court determined that the New Jersey decision, which protected franchisees from termination without cause, subverted the purposes of the federal Lanham Act, and held that under the Supremacy Clause the state decision could not survive.2 We conclude that the Supremacy Clause was not violated, and remand.
A
Mariniello began to…
2Cases cited36 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Wisconsin v. ConstantineauSupreme Court of the United States · 1971
- Zwickler v. KootaSupreme Court of the United States · 1967
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3Cited by50 opinions
- Ungar v. Dunkin' Donuts of America, Inc.Court of Appeals for the Third Circuit · 1976
- Golden Door, Inc. v. Anver Odisho, Dba Golden DoorCourt of Appeals for the Ninth Circuit · 1980
- State v. FramptonUtah Supreme Court · 1987
- Purolator, Inc. v. Efra Distributors, Inc., Enrique Franceschini and Enrique Franceschini, Jr.Court of Appeals for the First Circuit · 1982
- International Franchise Ass'n v. City of SeattleCourt of Appeals for the Ninth Circuit · 2015
45 more not listed; retrieve them via the Exa API.