Marathon Petroleum Co. v. Pendleton

MEMORANDUM OPINION

DOWD, District Judge.

I. INTRODUCTION.

On April 24, 1986 Marathon Petroleum Company (“Marathon”) terminated Guy Pendleton’s (“Pendleton”) franchise on ten day notice rather than ninety day because of Pendleton’s failure to pay monies due Marathon and because Pendleton allowed his station to deteriorate in appearance and performance. Initially Pendleton refused to vacate, and on May 30, 1986 Marathon brought this action seeking a declaratory judgment and money damages against Pendleton. Marathon invoked this Court’s jurisdiction pursuant to the Petroleum Marketing Practices…