Strum (P) operated an Exxon (D) gas station that he purchased in 1975. In 1988, D terminated its business relationship with P and agreed to remove the underground storage tanks used to hold gasoline. That agreement provided that D would remove the tanks within three days of starting work unless environmental problems developed. The removal took much longer than the three days. Eventually P got dissatisfied with the progress of events and sued D for fraudulent inducement, negligence, and gross negligence. The case was removed to federal court based on diversity. D moved for a summary judgment. The trial court granted it in that P could not establish the essential elements of fraud, and could not provide sufficient evidence to ground a cause of action for either negligence or gross negligence. P appealed.

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