S-17-0816 Ray Anderson, Inc. (Appellee/Cross-Appellant) v. Buck’s Inc. (Appellant/Cross-Appellee)
District Court of Douglas County, Hon. Gary B. Randall
Attorneys: Aaron F. Smeall and Jacob A. Acers (Smith, Slusky, Pohren, & Rogers, LLP) for Appellee/Cross-Appellant --- Stephen M. Kalhorn (general counsel for Buchanan Energy) for Appellant.
Civil: Contract dispute between purchaser and supplier of branded motor fuel.
Proceedings Below: Anderson and Buck’s filed competing motions for summary judgment seeking a declaration of the parties’ rights under a motor fuel contract. Anderson sought a determination that the contract did not prevent it from entering into a business relationship with a competitor, Western Oil, to re-brand fuel sold at some of its facilities. The district court granted Anderson’s motion and denied Buck’s motion, finding Anderson was not prohibited from selling “competitive-brand products.” The court further found the contract granted Buck’s a unilateral right of termination, which meant that Anderson may not terminate the contract.
Issues: Whether the supply agreement at issue permits Anderson, the purchaser, to discontinue buying BP-branded fuel from Bucks, the supplier, and instead purchase Shell-branded fuel from a third-party supplier; and whether Anderson may terminate its agreement with Buck’s.