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Ackley v. Gulf Oil Corporation, 726 F. Supp. 353 (D. Conn. 5-5-89); aff'd, 889 F.2d. 1280 (2d Cir. 11-27-89); cert. denied, 110 S. Ct. 1811 (4-16-90)
Franchisees are not entitled to a right of first refusal in a market withdrawal situation. A market withdrawal does not necessarily constitute a termination or nonrenewal merely because of the existence of a market withdrawal defense under the PMPA. The PMPA was not intended to apply to major national acquisitions such as the one challenged in this case.
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