Eshak v. Marathon Petroleum Co., LLC, 2012 U.S. Dist. LEXIS 15420 (N.D. Ind. 2-8-12)

Mutual Cancellation Agreement (MCA) executed by both parties within 180 days of nonrenewal is held to be a valid ground for termination under 15 U.S.C. § 2802(b)(2)(D). The court rejected dealer's attempt to invalidate the MCA on grounds of deceit, duress, or a clause in a proposed renewal agreement that preserved the parties' rights pending litigation. Court further held that 2802(b)(3)(D)(iii)(II) is triggered when a franchisor that owns a service station property receives an offer to purchase it, and ruled that it is thus inapplicable where, as in the case at bar, the franchisor was the lessee, rather than the owner, of the property.