DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121464P.pdf 12/03/2012 Joyce Johnson v. MFA Petroleum Company
U.S. Court of Appeals Case No: 12-1464
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Murphy, Author, with Wollman and Beam, Circuit Judges]
Civil case - Petroleum Marketing Practices Act. In suit alleging gas
station operators misrepresented the grade of gasoline sold at stations
using single hose blender pumps, the absence of a federal cause of action
under Subchapter II of the Petroleum Marketing Practices Act means that
plaintiff's claim is not completely preempted and that there is no federal
removal jurisdiction over that claim; however, the district court did not
reach a jurisdictional argument under the Class Action Fairness Act
which might provide for diversity jurisdiction, and the issue must be
remanded for further development and adversarial briefing. Judge Beam,
dissenting.