Presta Oil, Inc. v. Van Waters & Rogers Corp.

MEMORANDUM AND ORDER

BROWN, Senior District Judge.

In this diversity action Plaintiff Presta Oil, Inc. (Presta), which operates a “Phillips 66” brand store, argues it has third-party beneficiary status under a credit card contract between Defendant Van Waters & Rogers Corporation (Van Waters) and Phillips 66 Company (Phillips). Van Waters, however, denies it is liable under any contract theory. Both parties move for summary judgment.

I. FACTS

Based on the submissions of the parties and for purposes of summary judgment, the Court finds that the following facts are uncontroverted. Van Waters…