· 6/24/1985
Farm Stores, Inc. v. Texaco, Inc.
Citations
- 763 F.2d 1335
- 80 A.L.R. Fed. 851
- 1985 U.S. App. LEXIS 30790
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Farm Stores did not purchase motor fuel, then considering level of Farm Stores’ business independence
- holding that the plaintiff was not a distributor because “the public purchase[d] motor fuel at [its] location for consumption and the distributor definition involves consignment which applies only to wholesale operations”
- holding that the plaintiff was not a purchaser of gasoline because, in part, it did not pay for or take title to the gasoline, bear risk of loss, retain funds from sale, or set prices
- “If independence is the test, it must be independence with respect to the sale of motor fuel. There is absolutely no basis for assuming that Congress intended the PMPA to benefit independent grocers or carwash operators.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Roney, Tjoflat, Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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