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SEARS, ROEBUCK & CO. v. ILHR DEPARTMENT

Nos. 77-004, 77-129.

90 Wis.2d 736 (1979)

280 N.W.2d 240

SEARS, ROEBUCK & COMPANY, Plaintiff-Appellant and Cross-Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Defendant-Respondent and Cross-Appellant. MONTGOMERY WARD COMPANY, INC., Plaintiff-Appellant and Cross-Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Defendant-Respondent and Cross-Appellant.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the appellant there were briefs by John A. Hazelwood, Patricia A. Graczyk and Quarles & Brady of Milwaukee, and oral argument by Mr. Hazelwood. [Case No. 77-004.]

For the respondent the cause was argued by Jay M. Wexler, attorney, Enforcements Section, with whom on the brief was Uclair W. Brandt, chief counsel. [Case No. 77-004.]

For the appellant there were briefs by John S. Skilton, Richard H. Porter, Michael P. Erhard and Foley & Lardner of Milwaukee, and oral argument by Mr. Skilton. [Case No. 77-129.]

For the respondent there was a brief and oral argument by Jay M. Wexler, attorney, Enforcements Section. [Case No. 77-129.]

DAY, J.

These are actions to review decisions to the Department of Industry, Labor and Human Relations. (DILHR). In each case DILHR affirmed decisions of the Appeal Tribunal which determined that certain individuals known as "catalog sales merchants" in the case of Sears, and as "catalog sales agents" in the case of Montgomery Ward (Ward) were employees within the meaning of sec. 108.02 (3), Stats., and that Sears and Ward were liable for past due and delinquent unemployment...

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