Flying J, Inc. v. Van Hollen

KANNE, Circuit Judge.

Flying J, Inc., brought a facial challenge to Wisconsin’s gasoline pricing regulations. The district court granted Flying J’s motion for summary judgment and permanent injunction against enforcing the provisions, finding that the provisions were preempted by the Sherman Act and not saved by state action immunity. We granted the Wisconsin Petroleum Marketers & Convenience Store Association’s motion to intervene after the original Defendants — the state officials charged with enforcing the provisions — declined to appeal the district court’s decision. Because we find that…