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GO AMERICA L.L.C. v. KWIK TRIP, INC.

No. 2005AP1512.

715 N.W.2d 746 (2006)

2006 WI App 94

GO AMERICA L.L.C., Gerry Krachey Inc., Robert A. Meyer and Greener's Corner Inc., Plaintiffs-Appellants, v. KWIK TRIP, INC., Defendant-Respondent, Indianhead Oil Co., Inc. d/b/a Holiday Stationstores, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed April 20, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Timothy S. White and Matthew J. Reilly, White & Johnson, P.C., Cedar Rapids, Iowa, and Brian C. McGraw, Muscoda.

On behalf of the defendant-respondent, the cause was submitted on the brief of William M. Conley and Jeffrey Simmons, Foley & Lardner LLP, Madison.

Before DYKMAN, VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

The plaintiffs in this action are retail sellers of motor vehicle fuel in the Prairie du Chien area. They appeal the circuit court's summary judgment dismissing their claims that Kwik Trip, Inc., violated Wisconsin's Unfair Sales Act, WIS. STAT. § 100.30,1 by selling motor vehicle fuel below cost as defined by the act.2 The appeal requires...

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