7th Circ. Revives Wis. Gas Pricing Law

By Lance Duroni

Law360, New York (September 03, 2010, 5:46 PM ET) -- A federal appeals court has lifted an injunction barring the state of Wisconsin from enforcing its “minimum markup” law for gasoline, finding that the statute did not lead to price-fixing in violation of the Sherman Act.

The U.S. Court of Appeals for the Seventh Circuit reversed summary judgment in favor of plaintiff Flying J Inc., dissolved the injunction and remanded the case to the U.S. District Court for the Eastern District of Wisconsin with instructions to enter judgment for the defendant.

“It may well be that...
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