The Wisconsin Unfair Sales Act mandated that gasoline retailers mark up gasline prices at least 9.18 percent over wholesale prices. As gasoline prices increased, Flying J, a company that operates several travel plazas, did not wish to mark-up its gas or diesel as much as the law required, so they sued to have the law struck down as violating antitrust law. The District Court granted the plaintiff’s motion for summary judgment, issuing a permanent injuction against enforcement of the law, claiming that it was preempted by the Sherman Act. How do you believe this case was finally resolved on appeal, and why?
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