Little Tor Auto Center v. Exxon Company USA

822 F.Supp. 141 (S.D.N.Y. 1993)

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Nature of the Case

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Facts

This was a case under 15 U.S.C. 2801 the Petroleum Marketing Practices Act. This was an application for an ex parte order to show cause seeking interim relief with a TRO. The ex parte order sought emergency relief under FRCP 65 to enjoin the termination of the dealer and any interference with its operation of its franchise and to release monies pending further hearing. This application was premised on the fact that without judicial intervention, expiration of the franchise might irrevocably bar its subsequent reinstatement even if the court should find that the 15 U.S.C. 2801 was violated. After the proposed ex parte order was presented, counsel for P called the attorneys at Exxon (D), which resulted in an interim resolution of the crisis which, was approved by this court. The trial judge gives his reasons for signing the order even though it was presented ex parte.