A Merrill gas station owner will appeal a judge's ruling tossing out his lawsuit over the state's minimum markup law.

Raj Bhandari has argued the law is unconstitutional because it unfairly singles out retailers who sell gas for regulation. "I feel real bad, depressed," Bhandari said Thursday. "I can only work hard. The results are not in my hand." Bhandari sued the state in 2007 after he said regulators forced him to stop giving away a 2-cent per gallon senior citizen discount at his Center City BP. "In my opinion, the minimum markup law is unconstitutional, but in the judges opinion it is not. That is a difference of opinion, I think."

Bhandari says he'll consult with his attorney but plans an appeal. The law requires wholesales mark up prices by three percent and retailers by nine percent.

AUDIO: Matt Lehman reports (:30 MP3)

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