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STATE v. EAU CLAIRE OIL CO.

35 Wis.2d 724 (1967)

STATE, Respondent, v. EAU CLAIRE OIL COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wilcox & Wilcox of Eau Claire, and oral argument by Francis J. Wilcox.

For the respondent the cause was argued by George F. Sieker, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Douglas W. Milsap, attorney for the Wisconsin department of agriculture.

CURRIE, C. J.

Defendant raises the following three issues:

(1) Is sec. 100.30 (2) (j), Stats. 1963, requiring that the advertised price of each element of a combined sale must have at least a six percent markup, constitutional?

(2) Is the last sentence of sec. 100.30 (4), Stats., making evidence of an offer of sale, or sales, at less than cost prima facie evidence of intent to induce the purchase of other merchandise, or to unfairly divert trade...

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