Checkrite Petroleum v. Amoco Oil Company, No. 81-2541-CLB (S.D.N.Y. 1981); rev'd and rem'd, 678 F.2d 5 (2d Cir. 4-1-82); cert. denied, 103 S. Ct. 74 (1982)

Definition quoted. Court rejected Checkrite's assertion that it was a distributor because it was Amoco's affiliate. Court found no basis in the record to support a finding that Checkrite controls, is controlled by or is under common control with Amoco.