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LOUIS DEGIDIO, INC. v. INDUS. COMBUSTION, LLC

No. 22-1209.

66 F.4th 707 (2023)

LOUIS DEGIDIO, INC.; Louis DeGidio Services, Inc., Plaintiffs-Appellants James DeGidio; Michael DeGidio, Plaintiffs v. INDUSTRIAL COMBUSTION, LLC, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 24, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Steven Moore , of Bloomington, MN. The following attorneys also appeared on the appellant brief; David A. Brandis , of Bloomington, MN., and Trevor R. Walsten , of Crosslake, MN.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Joseph Stephen Diedrich , of Madison, WI. The following attorneys also appeared on the appellee brief; Daniel J. McGarry , of Madison, WI., Ann M. Maher , of Milwaukee, WI., and Jacob B. Harris , of Madison, WI.

Before LOKEN, ERICKSON, and KOBES, Circuit Judges.

When a manufacturer sells replacement parts to a distributor to repair products the distributor sold, does the manufacturer collect an indirect "franchise fee" within the meaning of the Minnesota Franchise Act, Minn. Stat. § 80C.01, subd. 4, if it charges the distributor a price based on the retail price the manufacturer...

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