Simaan, Inc. v. BP Products North America, Inc., No. 1:03CV00127 (M.D.N.C. 11-9-04) Slip Opinion

Only a "franchisee", as defined by the PMPA, may invoke the enforcement provisions of the statute. Corporation who received assignment of purchase and sale agreement, but who was not a party to the franchise agreement, was not a franchisee and therefore lacked standing to contest the purchase price as an invalid right of first refusal under the PMPA.