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FLYING J, INC. v. VAN HOLLEN

Case No. 08-C-110.

597 F.Supp.2d 848 (2009)

FLYING J, INC., Plaintiff, v. J.B. VAN HOLLEN, Attorney General of Wisconsin, Rod Nilsestuen, Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection, Defendants.

United States District Court, E.D. Wisconsin.

February 11, 2009.

Attorney(s) appearing for the Case

John W. Mackay, Jonathan A. Dibble, Ray Quinney & Nebeker PC, Salt Lake City, UT, Jon E. Fredrickson, Kravit Hovel & Krawczyk SC, Milwaukee, WI, for Plaintiff.

Christopher J. Blythe, Gwendolyn J. Cooley, Wisconsin Department of Justice Office of the Attorney General, Madison, WI, for Defendants.

DECISION AND ORDER

RUDOLPH T. RANDA, Chief Judge.

At issue in this case are the motor vehicle fuel provisions of the Wisconsin Unfair Sales Act (the "Unfair Sales Act"), Wis. Stat. § 100.30. The express purpose of this depression-era legislation is to restrain the "practice of selling certain items of merchandise below cost" and to protect "merchants who fail because of the competition of those who use such methods . . ." § 100.30(1). At the same...

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