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WISCONSIN FERTILIZER ASSO. v. KARNS

No. 284.

39 Wis.2d 95 (1968)

158 N.W.2d 294

WISCONSIN FERTILIZER ASSOCIATION, INC., and another, Respondents, v. KARNS, Administrator, Division of Motor Vehicles, Appellant.

Supreme Court of Wisconsin.

Decided May 7, 1968.

Attorney(s) appearing for the Case

For the appellant the cause was argued by E. Gordon Young, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Richard E. Barrett, assistant attorney general.

For the respondents there was a brief by Willink & Thompson of Madison, and oral argument by Dale R. Thompson.

BEILFUSS, J.

The issue is whether an action for declaratory judgment pursuant to sec. 269.56, Stats., may be brought against the commissioner of the motor vehicle department to challenge his determination that the described vehicles are not "implements of husbandry" within the meaning of sec. 340.01 (24). The issue thus stated presents the following two questions:

(1) Whether such a suit is in substance a suit against...

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