Fuel-Temperature Judge Denies Dismissal, Saying Material Issues Exist

Fuel-Temperature Judge Denies Dismissal, Saying Material Issues Exist

KANSAS CITY, Kan. - The judge supervising multidistrict litigation over automatic temperature compensation (ATC) in motor fuel sales has denied summary judgment, saying April 2 that the defendants have failed to address the considerations for unconscionable consumer practices of the Kansas Consumer Protection Act (KCPA) Section 50-627(b) or in case law (In re Motor Fuel Temperature Sales Practices Litigation, MDL No. 1840, No. 2:07-md-1840 KHV; Wilson, et al. v. Ampride, Inc., et al., No. 06-2582-KHV; American Fiber & Cabling, LLC, et al. v. BP Products North America Inc., et al.,  2012 U.S. Dist. LEXIS 45626).

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