Professional Documents
Culture Documents
No. 96-1573
Plaintiff - Appellee,
v.
Defendant - Appellant.
____________________
____________________
Before
_____________________
Shipman &
_________
and Wellesley
_________
____________________
____________________
Per Curiam.
Per Curiam
___________
This is an
appeal by
Cumberland Farms,
Inc.
("Cumberland") from
preliminary
injunction granted
to
Petroleum Marketing
Practices Act,
15 U.S.C.
2801, et seq.
________
(the "Act").
Demeris was
products
and rented
arose regarding
when the
Demeris
franchisee
one of
of
its gasoline
sought
and
was
Cumberland
granted a
motor
stations.
fuel
A dispute
preliminary
injunction
to
By its own
date
which coincided
franchise agreement.
with
the
termination
period
of
the
Cumberland's
main claim
is
that
the District
Court
legal right
2802.
to terminate Demeris's
However, after
franchise
agreement
franchise under 15
and
briefed
the
issue
of
U.S.C.
the parties
status of the
mootness,
we
vacated the
premises in question.
Furthermore, it
is Demeris'
-2-
[pursuant to]
[settlement/franchise] agreement."
appears that
Demeris has
rejection of
the franchise
"decided not to
It also
contest [Cumberland's
assignment proposed by
Demeris] and
presented
Geraghty,
________
445 U.S.
388, 395
(1980).
The requirement
that an
controversy exist
at the time
a federal
is a jurisdictional mandate
of Article III
or academic
opinions.
U.S. Const.
art. III,
court
advisory
et seq.; U.S.
_______ ____
U.S. 147,
narrow
the
confines of these
Weinstein v. Bradford,
_________
________
exceptions, Cumberland's
contrary notwithstanding.
The preliminary
423
any of the
arguments to
injunction has
expired, and
proposed assignee:
longer exist.
rejection of his
issues raised
before us
no
they are
-3-
agreement
claim them, we
have
been
conclude that
mooted.
Dismissal
warranted.
So ordered.
__________
No costs.
________
of
the
appeal
by this
is
appeal
therefore
-4-