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STATE v. RADUEGE

Nos. 79-1808, 79-1809, 79-1810, 80-068, 80-071, 80-112, 80-211, 80-473, 80-617.

100 Wis.2d 27 (1980)

301 N.W.2d 259

STATE of Wisconsin, Plaintiff-Appellant, v. Robert W. RADUEGE, Michael W. Koppelkam, Gary A. McConahay, Jeffrey J. Staupe, Richard F. Hasselstrom, Bryan J. Maker, Eligio Bobadilla, and Michael J. Koons, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 9, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Bronson C. La Follette, attorney general, and John W. Calhoun, assistant attorney general.

For the defendants-respondents there were briefs by Daniel P. Fay of Fay & Wuebben of Pewaukee; Charles I. Phillips of Love, Brown, Love, Phillips & Davis of Waukesha; Jacob A. Schwei of Brenner, Brenner & Frame of Waukesha, and Wimmer, Evans & Vollmar of Waukesha.

Before Voss, P.J., Brown and Scott, J.J.

VOSS, P.J.

These consolidated cases compel this court to address a number of procedural issues raised by our decision in State v. Booth, 98 Wis.2d 20, 295 N.W.2d 194 (Ct. App. 1980). In each case, following the Booth precedent, the trial court suppressed the State's evidence of breathalyzer test results upon a finding that the State failed...

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