Flying J, Inc. v. Van Hollen, No. 09-1883
In a case involving preemption of the Wisconsin Uniform Sales Act, Wis. Stat. section 100.30, by the Sherman Act, denial of a motion by an association of Wisconsin gasoline dealers for leave to intervene as a matter of right and permissively is vacated where: 1) appellant has an interest in limiting price competition; 2) motion to intervene was made in timely manner; and 3) even if appellant were not able to demonstrate impediment for purposes of intervention as a matter of right, permissive intervention may be satisfied by showing applicant's claim or defense and the main action have a question of law or fact in common.
Appeal from the United States District Court for the Eastern District of Wisconsin.
Argued June 2, 2009
Decided August 20, 2009
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