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Amoco Oil Co. v. Torcomian

United States Court of Appeals for the Third Circuit
722 F.2d 1099 (3d Cir. 1983)


Amoco Oil Co. (Amoco) was in the business of leasing gasoline service stations. The sublessor of an Amoco station advised Amoco to transfer his lease to Torcomian, who wished to manage the station. After Torcomian took possession Amoco determined that he did not comply with Amoco’s requirements to operate as a dealer. However, Torcomian (defendant) refused to vacate the station and Amoco (plaintiff) brought an ejectment action, seeking damages. Prior to trial, Amoco moved, and the court granted leave, to amend its complaint to exclude any claims for money damages that might be construed as legal claims, as legal claims would entitle Torcomian to a jury trial. Torcomian appealed.

Rule of Law


Holding and Reasoning (Becker, J.)

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