Flying J Inc v. Van Hollen et al

Filing 51

JUDGMENT signed by Deputy Clerk and approved as to form by Chief Judge Rudolph T Randa on 02/11/2009. (cc: all counsel)(Koll, J)

AO 450 (Rev. 5/85) Judgment in a Civil Case q

United States District Court
EASTERN DISTRICT OF WISCONSIN
J U D G M E N T IN A CIVIL CASE F L Y I N G J, INC., Plaintiff, V. CASE NUMBER: 08-C-110

J .B . VAN HOLLEN, Attorney General of Wisconsin, R O D NILSESTUEN, Secretary of the Wisconsin Department of A g r ic u ltu r e , Trade and Consumer Protection, Defendants.

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Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. Decision by Court. This action came on for consideration and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the Wisconsin Unfair Sales Act, Wis. Stat. § 100.30 motor vehicle fuel provisions are unconstitutional because they violate the Sherman Act's prohibition against restraints of trade. See 15 U.S.C. § 1. The defendants are enjoined from enforcing the motor vehicle fuel provisions of the Unfair Sales Act. Plaintiff Flying J, Inc.'s motion for summary judgment is GRANTED. Defendants J.B. Van Hollen and Rod Nilsestuen's motion for summary judgment is DENIED.

This action is hereby DISMISSED.

February 11, 2009 Date

JON W. SANFILIPPO Clerk s/ Linda M. Zik (By) Deputy Clerk

APPROVED AS TO FORM:

s/ Rudolph T. Randa Hon. Rudolph T. Randa Chief Judge February 11, 2009