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WIS. ASSO. OF FOOD DEALERS v. CITY OF MADISON

No. 77-699.

89 Wis.2d 311 (1979)

278 N.W.2d 481

WISCONSIN ASSOCIATION OF FOOD DEALERS, and others, Plaintiffs-Appellants, v. CITY OF MADISON, and others, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 20, 1979.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Richard L. Cates and John H. Bowers of Lawton & Cates, and oral argument by Richard L. Cates, of Lawton & Cates, Madison.

For the defendants-respondents there was a brief by Henry A. Gempeler, city attorney, and William A. Jansen, assistant city attorney, and oral argument by William A. Jansen, assistant city attorney.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

This is an action for declaratory and injunctive relief to have sec. 23.44(2) of the Madison General Ordinances declared invalid and to enjoin the city from enforcing the ordinance.1 The ordinance requires retail outlets in the city selling milk in nonrefillable containers equal to or greater than one gallon, also to offer for sale milk in returnable containers in "sufficient quantities...

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