This section contains the nature of the case and procedural background.

Allapattah (P) sued Exxon (D) seeking to recover punitive damages alleging that D tortuously and oppressively breached its contracts with P. P alleged that D breached its contracts with P by failing to offset the wholesale price of its gasoline to its dealers by an amount which was on average, equal to the three percent credit card processing charge. P contends that this was a breach of D’s obligation to fix the open price term in good faith and allegedly as promised.

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