The Pantry, Inc. v. CITGO Petroleum Corp. (Superior Court of Lee County, North Carolina)

Our client, an oil refiner, was sued in North Carolina state court (business division) by a major gasoline distributor over an alleged multi-million dollar pricing dispute involving the ethanol-blended fuel E10.  The plaintiff brought declaratory judgment and breach of contract claims arising from the parties’ Distributor Franchise Agreement.  Eimer Stahl served as lead counsel and filed a motion to dismiss based on contract interpretation, industry practices and the Robinson-Patman Act.  The court granted the motion in full, dismissing all claims against our client.