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STAR LINE TRUCKING CORP. v. DILHR

No. 80-1645.

109 Wis.2d 266 (1982)

325 N.W.2d 872

STAR LINE TRUCKING CORPORATION, Plaintiff-Respondent-Petitioner, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 2, 1982.

Attorney(s) appearing for the Case

For the plaintiff-petitioner there were briefs by William J. Mantyh and Honeck, Mantyh & Arndt, Milwaukee, and oral argument by William J. Mantyh.

For the defendant-appellant there was a brief and oral argument by Peter W. Zeeh, Madison.

Amicus Curiae brief was filed by Jon P. Axelrod, Douglas L. Flygt and DeWitt, Sundby, Huggett & Schumacher, S.C., Madison, for Wisconsin Motor Carriers Association.

Reversing in part, affirming in part 104 Wis.2d 742, 314 N.W.2d 362 (Ct App).

STEINMETZ, J.

The issues in the case are:

(1) Does the equipment lease clause mandated by Wisconsin Administrative Code sec. PSC 60.03(2)1 by itself determine the control necessary to defeat the employee exemption under sec. 108.02(3) (a) and (b), Stats.,2 and therefore...

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