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C. GROUNDS FOR TERMINATION  :  6. § 2802(b)(2)(E) Market withdrawal (3 year franchise)
  • Avramidis v. Arco Petroleum Company, 623 F. Supp. 64 (D. Mass. 11-27-85); rev'd C.A. No. 85-3972-G (D. Mass. 2-11-86), Slip Opinion; aff'd, 798 F.2d 12 (1st Cir. 8-12-86); 120 F.R.D. 450 (D. Mass. 6-15-88)

    Affirmed district court's lifting of preliminary injunction. On appeal, the court found that franchisor did not have to give a new 180 day termination notice on the grounds of market withdrawal. The original notice gave franchisee sufficient time to decide what to do. The appellate court further found that the PMPA does not require that the franchi-sor's successor make its nondiscriminatory offer of franchise within any particular time.


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