Chestnut Hill Gulf v. Cumberland Farms, Inc., 1988 U. S. Dist. LEXIS 15692 (D. Mass. 10-13-88); 749 F. Supp. 331 (D. Mass. 10-24-90); aff'd in part, rev'd in part and vac'd, 940 F.2d 744 (1st Cir. 7-29-91 as amended 8-2-91) [I]; 788 F. Supp. 616 (D. Mass. 2-10-92) [II]

In this market withdrawal case, the court rejected trial franchisees' claim that they were no longer trial franchisees because they continued to operate on a month-to-month basis. Chevron nonrenewed the trial franchises in a proper and timely fashion. Therefore, Cumberland, the purchaser of Chevron's supply contracts, could not constructively non-renew them, as there were no longer any franchises to non-renew.