Nasar Simaan, Plaintiff-Counter-Defendant--Appellant v. Texaco Refining and Marketing Inc., Defendant-Counter-Claimant-Appellee

958 F.2d 378 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nasar SIMAAN, Plaintiff-counter-defendant--Appellant, v. TEXACO REFINING AND MARKETING INC., Defendant-counter-claimant-Appellee. No. 90-56113. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1992. Decided March 20, 1992. Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Nasar Simaan appeals the district court's grant of summary judgment and award of damages to defendant-counterclaimant Texaco Refining and Marketing, Inc. (Texaco). Simaan claims that his cause of action under the Petroleum Marketing Practices Act (PMPA) for wrongful termination of a petroleum franchise was not time-barred and that his state-law causes of action were not preempted by the PMPA. Simaan also argues that Texaco should not have been awarded $68,322.14 on its unlawful detainer counterclaim. We affirm. STATEMENT OF CASE 3 In January of 1983, Texaco leased to Simaan a service station…