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Eastling v. BP Products North America, Inc.

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Submitted: June 9, 2009

Before MURPHY, ARNOLD and GRUENDER, Circuit Judges.

David Eastling and EFP, LLC (collectively, “Eastling”), entered into a real estate contract with BP Products North America (“BP”) to purchase from BP the property on which Eastling had been operating a gas station. The real estate contract included a restrictive covenant preventing the sale of any non-BP petroleum products on the property. Eastling filed suit, seeking a declaratory judgment that the restrictive covenant was no longer valid and enforceable. Both parties filed motions for summary judgment. The district court*fn1 granted summary judgment to BP, and Eastling appeals. For the following reasons, we affirm.

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