Legal Opinion

Douglas v. Petroleum Wholesale, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided December 8, 2005No. 01-04-00260-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

SAM NUCHIA, Justice.

Appellant, Jack Douglas, sued appellee, Petroleum Wholesale, Inc. (“PWI”), for violation of the Petroleum Marketing Practices Act (“PMPA”) 1 by terminating Douglas’s use of the Diamond Shamrock trademark, signage, branded motor fuel, and credit card facilities. Following a bench trial on the merits, the trial court entered a take-nothing judgment in favor of PWI, concluding that the relationship between Douglas and PWI was not a franchise within the meaning of the PMPA. We affirm.

BACKGROUND

PWI was an authorized wholesale distributor of several brands of motor fuel,…

2Cases cited14 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Lewis v. United StatesSupreme Court of the United States · 1980
  3. Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
  4. Roberson v. RobinsonTexas Supreme Court · 1989
  5. Simpson v. Union Oil Co. of Cal.Supreme Court of the United States · 1964

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3Cited by6 opinions

  1. Benedict Emesowum v. Milam Street Auto Storage, Inc. D/B/A Fast Tow Wrecker and Zone One Auto Storage, Texas Court of Appeals, 1st District (Houston)2015
  2. Byron Robinson v. Elizabeth Shelton, Texas Court of Appeals, 1st District (Houston)2015
  3. Fred Forshey and McCall-TL, Inc. D/B/A Lexus of Clear Lake v. Carol Zendeh Del, Texas Court of Appeals, 1st District (Houston)2020
  4. Glenn Herbert Johnson v. Harris County, Harris County Education Department, Harris County Flood Control District, Harris County Hospital District, Port of Houston Authority of Harris County, Houston Independent School District, Houston Community College System,et Al., Texas Court of Appeals, 1st District (Houston)2015
  5. Melanee Dagnes v. Oxford Place Apartments, Texas Court of Appeals, 1st District (Houston)2019

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