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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.