STATE v. FORTUNE IN MOTION, INC.

No. 96-2002.

214 Wis.2d 148 (1997)

570 N.W.2d 875

STATE of Wisconsin, Plaintiff-Appellant, v. FORTUNE IN MOTION, INC., David Kalenuik, individually and as president of Fortune in Motion, Inc., Earl D. Boyles and Andrew W. Burling, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 8, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of James E. Doyle, attorney general, and Bruce A. Craig, assistant attorney general and oral argument by Bruce A. Craig.

On behalf of the defendant-respondent, the cause was submitted on the brief and oral argument of Earl D. Boyles, pro se.

Before Snyder, P.J., Brown and Nettesheim, JJ.


NETTESHEIM, J.

The issue in this case is whether a marketing and promotion plan by Fortune in Motion, Inc., constituted an illegal chain distribution scheme pursuant to WIS. ADM. CODE § ATCP 122.01. At summary judgment, the trial court ruled that the Fortune in Motion plan did not violate the administrative rule. Based on this holding, the court dismissed the State's forfeiture and injunction action against Fortune in Motion, Inc., its president, David Kalenuik...

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