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  • Arnold v. Amoco Oil Company, 872 F. Supp. 1493 (W.D. Va. 1-20-95)

    SJ for franchisors. Franchisor's offer of first refusal was bona fide. Franchisee did not challenge franchisor's decision to sell its Roanoke area stations. There is a presumption of statutory compliance when franchisor offers a station to a franchisee at the same price offered by a third party. That third party's offer was for multiple stations in addition to the two offered franchisee and provisions for franchisor to supply motor fuel at a specified price was bona fide because each station valued separately. Franchisee claim valuation manipulated because franchisor's appraisals differed from third party's offer unfounded. Without comparative valuations, franchisee's claim that third party valuations not bona fide, not enough to survive summary judgment. Franchisee cannot resuscitate franchisor's offer of first refusal because he failed to accept it within the requisite period without attaching additional conditions. "Nothing within the PMPA requires the court to abrogate ordinary contract principles when determining the rights of franchisor and franchisees."


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