Dunlap v. Schrader Oil Co., 758 F. Supp. 633 (E.D. Colo. 3-1-91)

Judgment for defendant. Unless there is a franchise between the parties, the PMPA does not apply. Plaintiffs admit they were consignees and assert that the definition of retailer includes consignees. Citing five other decisions, the court found plaintiffs were not retailers because they did not (1) pay for gasoline until it was sold; (2) take title, (3) bear risk of loss, (4) assume market risk of price fluctuations or (5) pay sales tax. Plaintiff did set price, extend credit and hold a municipal gasoline retailer's license.