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22 SHAWANO v. DR. R.C. SAMANTA ROY INST.

Nos. 2005AP427, 2005AP428.

289 Wis.2d 196 (2005)

2006 WI App 14

709 N.W.2d 98

22 SHAWANO, LLC, Bonduel City Express Corp., J. S. Rusch, Inc., Lee'z Gas and Mini Mart, Inc. and Schierl Sales Corp., Plaintiffs-Respondents, SHAWANO PETROLEUM, LLC and Welsing and Son, LLC, Plaintiffs, v. Dr. R. C. SAMANTA ROY INSTITUTE OF SCIENCE AND TECHNOLOGY, INC., Defendant-Appellant. AUTO PREP CENTER OF SHAWANO, INC., Plaintiff-Respondent, v. Dr. R. C. SAMANTA ROY INSTITUTE OF SCIENCE AND TECHNOLOGY, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 28, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Winston A. Ostrow and Sherry D. Coley of Godfrey & Kahn, S.C., Green Bay.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Francis J. Slattery of Slattery Law Offices, LLC, Oshkosh.

A nonparty brief was filed by Thomas L. Skalmoski of Weiss Berzowski Brady LLP, of Milwaukee, for Petroleum Marketers Association of Wisconsin/Wisconsin Association of Convenience Stores, Inc.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

The Wisconsin Unfair Sales Act, WIS. STAT. § 100.30, generally prohibits a retailer from selling gasoline below cost.1 However, the Act does not apply when a retailer acts in good faith to meet a competitor's price. In this case, the circuit court concluded the retailer did not act in good faith when it sold gasoline below cost and entered judgment accordingly. The...

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