KEENER v. EXXON CO., USA

No. 94-1142.

32 F.3d 127 (1994)

Alston R. KEENER, Plaintiff-Appellant, v. EXXON COMPANY, USA, a foreign corporation; Exxon Corporation, a foreign corporation, Defendants-Appellees, and Alan Enterprizes, a West Virginia Limited Liability Company; Joe DeFazio Oil Company, a West Virginia Corporation; Joseph A. DeFazio, individually and as organizing partner number one of Alan Enterprizes, a West Virginia Limited Liability Company; Joseph DeFazio, individually and as organizing partner number two of Alan Enterprizes, a West Virginia Limited Liability Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1994.


Attorney(s) appearing for the Case

ARGUED: Thomas Matthew Wilson, III, Tydings & Rosenberg, Baltimore, MD, for appellant. Gaspare Joseph Bono, Howrey & Simon, Washington, DC, for appellees. ON BRIEF: Lynn A. Kohen, Tydings & Rosenberg, Baltimore, MD, Paul Cranston, Morgantown, WV, for appellant. Robert G. Abrams, Robert E. Leidenheimer, Jr., Howrey & Simon, Washington, DC, for appellees.

Before MURNAGHAN, WILKINSON, and WILKINS, Circuit Judges.


Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge WILKINS joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

e question in this case is whether a gasoline station franchisee had an opportunity to exercise a valid right of first refusal as established by the Petroleum Marketing Practices Act ("PMPA"). See 15 U.S.C. §§ 2801-2806. Under the Act, a franchisor...

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