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AMMEX, INC. v. WENK

No. 18-1677.

936 F.3d 355 (2019)

AMMEX, INC., Plaintiff-Appellant, v. Gordon WENK, in his capacity as Director of the Michigan Department of Agriculture & Rural Development, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2019.

Rehearing En Banc Denied September 19, 2019.

Attorney(s) appearing for the Case

ARGUED: Robert M. Palumbos , DUANE MORRIS LLP, Philadelphia, Pennsylvania, for Appellant. Elizabeth Morrisseau , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Robert M. Palumbos , J. Manly Parks , Leah A. Mintz , DUANE MORRIS LLP, Philadelphia, Pennsylvania, Amy E. McCracken , DUANE MORRIS LLP, Chicago, Illinois, for Appellant. Elizabeth Morrisseau , Danielle Allison-Yokom , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

WHITE, J., delivered the opinion of the court in which GRIFFIN, J., joined. BUSH, J. (pp. 363-72), delivered a separate opinion concurring in the judgment.

OPINION

Plaintiff-Appellant Ammex, Inc. (Ammex) appeals the district court's denial of its motion seeking to preliminarily enjoin the Michigan Department of Agriculture and Rural Development (MDARD) from enforcing a gasoline-volatility standard on the basis that...

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