CCH BFG 8368 (W.D. Pa. 4-10-85)

The court denied franchisee's motion to dismiss for lack of subject matter jurisdiction over franchisor's suit for declaratory relief in connection with its nonrenewal. The court rejected franchisee's contention that since the PMPA is silent as to whether a franchisor may seek a declaratory judgment under the PMPA, the court does not have jurisdiction. The court found that despite the PMPA's silence on the issue, the legislative history clearly indicates the importance of a uniform set of rules defining the rights of both the franchisor and franchisee.