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FLYING J, INC. v. HOLLEN

No. 09-1883.

621 F.3d 658 (2010)

FLYING J, INCORPORATED, Plaintiff-Appellee, v. J.B. Van HOLLEN, Attorney General of Wisconsin, Rob Nilsestuen, Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection, Defendants. Appeal of Wisconsin Petroleum Marketers & Convenience Store Association, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 2010.

Attorney(s) appearing for the Case

Jonathan A. Dibble (argued), John W. Mackay , Ray Quinney & Nebeker, P.C., Salt Lake City, UT, Jon E. Fredrickson , Kravit, Hovel & Krawczyk, Milwaukee, WI, for Plaintiff-Appellee.

G. Michael Halfenger (argued), Foley & Lardner LLP, Milwaukee, WI, William M. Conley , Foley & Lardner LLP, Madison, WI, for Intervenor-Appellant.

Before POSNER, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Flying J, Inc., brought a facial challenge to Wisconsin's gasoline pricing regulations. The district court granted Flying J's motion for summary judgment and permanent injunction against enforcing the provisions, finding that the provisions were preempted by the Sherman Act and not saved by state action immunity. We granted the Wisconsin Petroleum Marketers & Convenience Store Association's motion to intervene after the original Defendants...

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