Kostantas v. Exxon Company, U.S.A., No. G-80-139 (S.D. Tex. 11-3-80) Slip Opinion; aff'd, 663 F.2d 605 (5th Cir. 12-11-81); cert. denied, 456 U.S. 1009 (1982)
Under the franchise, death terminated the franchise immediately and franchisor could without notice enter the premises and take possession. The appellate court affirmed rejec-tion of franchisee's widow that because the PMPA does not specify death as a ground for termination, franchisor could not terminate the relationship. Also rejected was her contention that the PMPA notice provisions were not complied with. Held that the PMPA was designed to protect franchisees from arbitrary and discriminatory terminations of a franchise not to create a permanent estate in the franchise relationship.