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STATE v. BELOIT CONCRETE STONE CO.

No. 80-1255.

103 Wis.2d 506 (1981)

309 N.W.2d 28

STATE of Wisconsin, Plaintiff-Appellant, v. BELOIT CONCRETE STONE CO. and AAA Disposal Systems, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 25, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Shari Eggleston, assistant attorney general.

For the defendants-respondents the cause was submitted on the brief of Robert J. Ruth and Bolgrien & Ruth, S.C., of Beloit.

Brief of amicus curiae was filed by Daniel T. Kelley and Hansen, Eggers, Berres & Kelley, S.C. of Beloit, on behalf of City of Beloit and Named Individuals.

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

GARTZKE, P.J.

The state appeals from the judgment dismissing its action against defendants, entered because the trial court found that the state willfully violated two discovery orders. The orders required the state to produce for deposition then-secretary of the Department of Natural Resources (DNR), Anthony Earl,1 and to pay defendants $200 expenses as a sanction for failure to provide discovery. The issues are whether the defendants...

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