Akky

Opinion by Judge GOODWIN

Plaintiffs, who operated petroleum products retail service stations under lease and franchise agreements with BP America, a major brand distributor of such products, appeal the dismissal of their action under Fed.R.Civ.Pro. 12(b)(6). We affirm.

The complaint attempted to state a claim for damages resulting from the termination of plaintiffs’ franchises in violation of 15 U.S.C. § 2801 , et. seq., the Petroleum Marketing Practices Act (PMPA). The district court held that plaintiffs failed to state a claim under the PMPA because no actual “termination” of the franchise agreements occurred.

*975 The central issue on appeal is whether a series of notices of termination, later rescinded, can be treated as an unlawful termination under the PMPA In this case, BP America gave notices of termination, which, under the terms of the franchise agreements and the PMPA it had a right to do. It then waffled about whether or not it was going to withdraw from the relevant market, which it also had the right to do, and thus drove down the value of the franchises to the franchisees. At the time plaintiffs filed this action, no notice of termination, as such, was in effect,…