Rhodes v. Amoco Oil Co.

MEMORANDUM AND ORDER

BELUT, District Judge.

Before the court are the following:

1. Amoco’s motion for summary judgment (Doe. 17);

2. Plaintiffs response (Doc. 23); and

3. Amoco’s reply (Doc. 25).

This is an action pursuant to the Petroleum Marketing Practice Act, (“PMPA”) 15 U.S.C. § 2801 et seq. The essential facts are stipulated (Doc. 16)1 The principal issue for decision is whether Amoco made a bona fide offer to sell the station leased by plaintiff as required by 15 U.S.C. § 2802(b)(3)(D)(iii)(I)2.

Uncontroverted Material Facts

In 1984, plaintiff became an Amoco franchisee. In the spring of 1993,…