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. 

Read Flying J, Inc. v. Van Hollen, No. 09-1883

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin.
Argued June 2, 2009
Decided August 20, 2009

Judges

Before Posner, Ripple, and Kanne, Circuit Judges 
Opinion by Posner, Circuit Judge.