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COCA-COLA BOTTLING CO. v. LA FOLLETTE

No. 81-719.

106 Wis.2d 162 (1982)

316 N.W.2d 129

COCA-COLA BOTTLING COMPANY OF WISCONSIN, Plaintiff-Appellant and Cross-Respondent, v. Bronson C. LA FOLLETTE, Attorney General for the State of Wisconsin, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided January 19, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant and cross-respondent the cause was submitted on the briefs of Cook & Franke, S.C., by Francis R. Croak, Kevin J. Lyons and Jan E. Kearney, of Milwaukee.

For the defendant-respondent and cross-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and James C. McKay, Jr., assistant attorney general.

Before Decker, C.J., Moser, P.J., and Randa, J.

DECKER, C.J.

This appeal concerns the applicability of secs. 100.16 and 945.01, Stats., to Coca-Cola's "Real Caps" under-the-crown contest. We conclude that the promotion is not proscribed by either statute, reverse that portion of the judgment finding a violation of sec. 100.16, and affirm that portion finding no violation of ch. 945.

The material facts of this case are undisputed, and both parties moved the trial...

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