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G. DAMAGES  :  1. § 2805(d)(1)(A) Actual damages
  • Ross [I] v. Shell Oil Company, CCH BFG Para. 7991 (D.Conn. 4-8-83); aff'd, 742 F.2d 1432 (2d Cir. 11-16-83) (Table); No. H-82-1088 (D. Conn. 7-12-83) Slip Opinion

    The court ordered holdover franchisee to pay rent for the holdover period at the rate in the proposed new lease and not at the lesser rate of his expired lease, finding it inconsistent to allow franchisee to stay in possession of the station past the expiration of the original lease at the original rent merely because a lawsuit was pending. The court denied franchisor's claim for contempt and attorney fees.


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