Sun Refining & Marketing Co. v. Rago, 741 F.2d 670 (3d Cir. 8-23-84)

Termination for failure to pay rent and other sums due in a timely manner and failure to operate the station for nine days was affirmed on appeal. When franchisee refused to vacate premises, franchisor sought declaratory judgment. Trial court granted partial summary judgment on right to immediate possession and found that the grounds enumerated in § 2802(c) provided per se grounds for termination regardless of franchisee's reasons for his conduct. The appellate court rejected this "implacable" interpretation, but affirmed finding that franchisee's reasons for failure to operate and failure to pay were not excused.