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This entry was published on 2014-09-22
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Removal of certain actions and proceedings
General Business (GBS) CHAPTER 20, ARTICLE 11-B
§ 199-l. Removal of certain actions and proceedings. Where a
proceeding is commenced to dispossess a dealer in a court which does not
have jurisdiction to grant the relief provided in this article and the
dealer demonstrates that he has a defense or counterclaim cognizable
under this article, a court having such jurisdiction may remove the
action to itself upon motion. Provided, however, that no such removal
should be permitted where a federal or state court has already entered a
final judgment on the franchise or possession issues and no stay order
pending appeal has been filed and the proceeding is being commenced
solely for the purpose of enforcing such judgment. No removal provided
for herein shall serve to extend a franchisee's time to take certain
actions provided for under state or federal law, including but not
limited to the time within which to seek injunctive relief under the
federal petroleum marketing practices act.