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AMMEX, INC. v. McDOWELL

No. 20-1250.

24 F.4th 1072 (2022)

AMMEX, INC., Plaintiff-Appellant, v. Gary McDOWELL, Director for the Michigan Department of Agriculture & Rural Development, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2022.

Attorney(s) appearing for the Case

ARGUED: Leah A. Mintz , DUANE MORRIS LLP, Philadelphia, Pennsylvania, for Appellant. Elizabeth A. Morrisseau , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Leah A. Mintz , Robert M. Palumbos , DUANE MORRIS LLP, Philadelphia, Pennsylvania, for Appellant. Elizabeth A. 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 and BUSH, JJ., joined. BUSH, J. (pg. 1085), delivered a separate concurring opinion.

OPINION

Plaintiff-Appellant Ammex, Inc. (Ammex) appeals the district court's dismissal of its amended complaint. Ammex seeks to prevent Defendant-Appellee Michigan Department of Agriculture and Rural Development (MDARD) from enforcing a federal gasoline-volatility regulation against it, arguing that the...

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