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AMERICAN PETROLEUM INSTITUTE v. COOPER

No. 5:08-CV-396-FL.

681 F.Supp.2d 635 (2010)

AMERICAN PETROLEUM INSTITUTE, and National Petrochemical and Refiners Association, Plaintiffs, v. Roy A. COOPER, III, Attorney General of the State of North Carolina, Defendant, and North Carolina Petroleum and Convenience Marketers Association, Intervenor-Defendant.

United States District Court, E.D. North Carolina, Western Division.

January 26, 2010.

Attorney(s) appearing for the Case

Burley Bayard Mitchell, Pressly M. Millen, Jr., Womble Carlyle Sandridge & Rice, PLLC, Raleigh, NC, for Plaintiffs.

Mark Allen Davis, North Carolina Department of Justice, Raleigh, NC, for Defendant.

A. Bartlett White, Hatch Little & Bunn, LLP, Charles F. Marshall, III, Eric M. David, Brooks, Pierce, McClendon, Humphrey and Leonard, LLP, Raleigh, NC, for Intervenor Defendant.

ORDER

LOUISE W. FLANAGAN, Chief Judge.

This matter comes before the court on cross-motions for summary judgment pursuant to Federal Rule of Civil Procedure 56 (DE ## 10, 42, 44). For the following reasons the court denies plaintiffs' motion for summary judgment, and grants corresponding motions filed on behalf of defendant and intervenor-defendant.1

STATEMENT OF THE CASE

American Petroleum Institute ("API")...

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