United States Seventh Circuit

District court's denial of the motion by an association of Wisconsin gasoline dealers for leave to intervene in the district court both as a matter of right and permissively in a case involving preemption of the Wisconsin Uniform Sales Act, Wis. Stat. - 100.30 by the Sherman Act is vacated where: 1) appellants has an interest in limiting price competition; motion to intervene was made in timely manner; and 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.

Appellate Information

• Argued 06/02/2009
• Decided 08/20/2009
• Published 08/20/2009

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William M. Conley (argued), Attorney, Foley & Lardner, Madison, WI, for Proposed Intervenor-Appellant.


• For Appellees:
  
• Jonathan A. Dibble, John W. Mackay (argued), Ray Quinney & Nebeker, P.C., Salt Lake City, UT, Jon E. Fredrickson, Attorney, Kravit, Hovel, Krawczyk & Leverson, Milwaukee, WI, for Plaintiff-Appellee.