Legal Opinion · Dissent
Keener v. Exxon Co. USA
Court of Appeals for the Fourth Circuit
Decided August 15, 1994No. 94-1142Published
1DissentMurnaghan, Circuit Judge
The sole issue on appeal is whether the terms of Exxon’s offer to Keener were identical to the terms of DeFazio Oil’s offer to Exxon. See Razavi v. Amoco Oil Co., 833 F.Supp. 1, 8 (D.D.C.1993) (stating that the “right of first refusal” provision of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2802(b)(3)(D)(ni)(II), obliges a franchisor to offer to sell its gasoline station to the franchisee “on terms identical to those the [franchisor] has received from another” (emphasis added)); Ellis v. Mobil Oil Corp., 708 F.Supp. 1094, 1096 (D. Ariz.1989) (same), aff'd in relevant part, 969…
2Cases cited5 opinions
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
- Barnes v. Gulf Oil Corp.Court of Appeals for the Fourth Circuit · 1987
- Razavi v. Amoco Oil Co.District Court, District of Columbia · 1993
- Atlantic Ave. Oil & Gas, Ltd. v. Texaco Refining and Marketing, Inc.District Court, E.D. New York · 1988
- Ellis v. Mobil Oil Corp.District Court, D. Arizona · 1989