Atlantic Autocare, Inc. et al v. Shell Oil Products Company, LLC et al
1:2006cv04242 |
June 5, 2006 |
US District Court for the Southern District of New York |
Foley Square Office |
Sidney H. Stein |
Other Statutory Actions |
15 U.S.C. ยง 2801 Petroleum Marketing Practices Act |
Plaintiff |
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Filing 155 OPINION AND ORDER #97213: Because (1) plaintiffs' constructive termination claim under the Petroleum Marketing Producers Act falls outside the parameters of that statute, (2) plaintiffs have provided no support for a claim of actual termination under the PMPA, and (3) plaintiffs have failed to submit evidence that defendants have violated the open price term provision of N.Y. U.C.C. § 2-305, summary judgment is granted to defendants on each of the remaining counts in the Second Amended Complaint. Accordingly, defendants' motion is granted and the Clerk of Court is directed to enter judgment for defendants. So Ordered (Signed by Judge Sidney H. Stein on 3/11/09) (js) Modified on 3/13/2009 (mro). |
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