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

No. 77-699.

97 Wis.2d 426 (1980)

293 N.W.2d 540

WISCONSIN ASSOCIATION OF FOOD DEALERS; Wisconsin Dairy Products Association, Inc.; Wisconsin Merchants Federation; Bancroft Dairy-Division of the Southland Corporation, Inc.; Borden's Inc.; Sherman Plaza Food Center, Inc.; Eagle Mid-Western Region Lucky Stores, Inc.; Lake Edge Market, Inc.; and Ullsvik's Food Market, Plaintiffs-Appellants-Petitioners, v. CITY OF MADISON, a municipal corporation; Carl Mohr, individually and as the director of the Public Health Department of the city of Madison; and Jack Thomus, individually and as the director of the Environmental and Consumer Protection Division of the Public Health Department of the city of Madison, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1980.

Attorney(s) appearing for the Case

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

For the defendants-respondents the cause was argued by William A. Jansen, assistant city attorney, with whom on the brief was Henry A. Gempeler, city attorney.

Originally reported in 89 Wis.2d 311, 278 N.W.2d 481.

WILLIAM G. CALLOW, J.

This is an action for declaratory and injunctive relief seeking 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 Madison selling milk in nonrefillable containers...

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