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GROSS v. WOODMAN'S FOOD MARKET, INC.

No. 01-1746.

259 Wis.2d 181 (2002)

2002 WI App 295

655 N.W.2d 718

James J. GROSS and Mall Mart, Inc., both d/b/a Citgo Quick Mart, Plaintiffs-Respondents, v. WOODMAN'S FOOD MARKET, INC., d/b/a Woodman's Food Market Gas Station, a Wisconsin corporation, Defendant-Appellant, ABC CORPORATION, Defendant.

Court of Appeals of Wisconsin.

Decided November 14, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was orally argued by and submitted on the briefs of Thomas L. Basting, Sr., of Brennan Steil, Basting & MacDougall, S.C., Janesville.

On behalf of the plaintiffs-respondents, the cause was orally argued by and submitted on the brief of Michael L. Stoker of Johns & Flaherty, S.C., La Crosse.

On behalf of Petroleum Marketers Association of Wisconsin/Wisconsin Association of Convenience Stores, Inc., the cause was orally argued by and submitted on the brief of Thomas L. Skalmoski of Weiss Berzowski Brady LLP, Milwaukee.

Before Vergeront, P.J., Roggensack and Lundsten, JJ.

¶ 1. VERGERONT, P.J.

Woodman's Food Market, Inc. appeals the circuit court's summary judgment concluding that it violated the Wisconsin Unfair Sales Act, WIS. STAT. § 100.30 (1999-2000),1 by selling motor vehicle fuel below cost as defined in the statute on 295 days, and ordering Woodman's to pay $590,000 to James Gross and Mall Mart, Inc. Woodman's operates a grocery store and adjacent gas station in Onalaska, Wisconsin, and...

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