Aoude v. Mobil Oil Corporation, CIV Nos. 87-3037-N, 88-1044-N (D. Mass. 8-5-88) Slip Opinion; aff'd, 862 F.2d 890 (1st Cir. 12-8-88); aff'd, 892 F.2d 1115 (1st Cir. 12-29-89)

Appellate court affirmed dismissal of this case of alleged refusal to allow franchisee to become assignee of another franchisee's franchise. Finding the franchisee's bad faith manifest, the appellate court found the filing of the two complaints involved was a fraud on the court. Only the second complaint alleged a PMPA violation and that was based on an event that occurred after the first complaint was filed. Since the outcome of the first suit effectively barred franchisee from asserting ownership rights in the station, he had no standing to sue under the PMPA in the second suit.