Legal Opinion

Consumers Petroleum Co. v. Texaco, Inc., a Delaware Corporation

Court of Appeals for the Sixth Circuit

Decided October 28, 1986No. 84-1657PublishedCited by 38 opinions

1Opinion of the Court

NATHANIEL R. JONES, Circuit Judge.

Plaintiff Consumers Petroleum Company appeals from a summary judgment dismissing this action alleging a violation of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2801 et seq. (1982), and pendent state law claims. The district court held that the PMPA claim was barred by the Act’s one-year statute of limitations and that the pendent state law claims were pre-empted by the Act. It also denied Consumers’ motion for leave to amend its complaint. We affirm the judgment as to the first two holdings and reverse and remand as to the latter.

Consumers is a…

2Cases cited10 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  4. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  5. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984

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3Cited by38 opinions

  1. Kehm Oil Co. v. Texaco, Inc.Court of Appeals for the Third Circuit · 2008
  2. Walls v. Arizona Department of Public SafetyCourt of Appeals of Arizona · 1991
  3. C.T. Massey D/B/A C.T. Massey Oil Company B.W. Lyons Oil Co. v. Exxon Corporation D/B/A Exxon Company, U.S.A.Court of Appeals for the Sixth Circuit · 1991
  4. Donald W. Geib, D/B/A Rochester Colonial Amoco v. Amoco Oil Company, a Maryland CorporationCourt of Appeals for the Sixth Circuit · 1994
  5. Jeetendra L. Shukla, Individually v. Bp Exploration & Oil, Inc., A.K.A. Bp Oil Company, Petro Distributing, Inc.Court of Appeals for the Eleventh Circuit · 1997

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