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Aoude v. Mobil Oil Corp., 1994 WL 548061 (D. Mass 9-2-94); aff'd, 56 F.3d 59 (Table),1995 WL 316282 (1st Cir. 5-24-95)
SJ for franchisor. Employee at franchisee's brother's Gulf station told hauler to deliver excess gasoline to franchisee. That franchisee continued to sell misbranded product after notification of adulteration by franchisor is sufficient evidence of intent. Violations under § 2802(b)(2)(A) are not curable. Franchisor not restricted to event in notice to prove intent of franchisee to misbrand. Specificity of notice not the same as under § 2802(b)(2)(B).
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