Smyres v. Century Oil Company, CCH BFG 7990 (D. Kan. 4-7-83)

Court rejected franchisor's contention that the complaint failed to state a claim under the PMPA because he failed to allege that commerce had been affected. The court relied on antitrust cases in interpreting the commerce requirement and found that plaintiff's use of the branded trademark of a foreign corporation in the sale of motor fuel and processing plaintiff's credit card sales in another state sufficiently alleged the distribution of motor fuels in commerce.