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STATE v. MENARD, INC.

No. 84-474.

121 Wis.2d 199 (1984)

358 N.W.2d 813

STATE of Wisconsin, Plaintiff-Appellant and Cross-Respondent, v. MENARD, INC., a domestic corporation, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided October 9, 1984.

Attorney(s) appearing for the Case

For the appellant and cross-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and William C. Wolford, assistant attorney general.

For the respondent the cause was submitted on the brief of Herrick, Hart, Duchemin, Danielson & Guetinger, S.C., and Dennis M. Sullivan of Eau Claire.

For the cross-appellant the cause was submitted on the briefs of Clifford D. Bobholz of Eau Claire.

Before Foley, P. J., Dean and Cane, JJ.

CANE, J.

The state appeals a judgment imposing forfeitures on Menard, Inc., for eight violations of Wis. Admin. Code, ch. Ag 124 (1981), which regulates price comparison advertising. The primary issue on appeal is what constitutes a separate violation of ch. Ag 124. The state argues that each publication of an improper advertisement constitutes a separate violation for which a forfeiture must be imposed. The trial court considered each of eight distinct advertisements...

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