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ORION FLIGHT SERVICES v. BASLER FLIGHT SERVICE

No. 03-1731.

277 Wis.2d 819 (2004)

2004 WI App 222

692 N.W.2d 804

ORION FLIGHT SERVICES, INC., Plaintiff-Respondent, v. BASLER FLIGHT SERVICE, a division of Basler Turbo Conversions, LLC, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 24, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Laura A. Brenner, Beth Ermatinger Hanan and Christopher P. Dombrowicki of Reinhart Boerner Van Deuren SC of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Russell A. Klingaman and Jeffrey D. Patza of Hinshaw & Culbertson of Milwaukee.

A nonparty brief was filed by Thomas L. Skalmoski of Weiss Berzowski Brady LLP of Milwaukee for Petroleum Marketers Association of Wisconsin/Wisconsin Association of Convenience Stores, Inc.

A nonparty brief was filed by Colleen D. Ball of Wauwatosa for Midwest Airlines and Wisconsin Aviation Trades Association, Inc.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

This case involves a dispute between Orion Flight Services, Inc. and Basler Flight Service, A Division of Basler Turbo Conversions, LLC, two vendors of aviation fuel, about whether the Unfair Sales Act requires Basler to set minimum prices in accordance with the Unfair Sales Act's minimum markup provisions for motor vehicle fuel. They also dispute whether Orion has a private cause of action against Basler...

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