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BRITTON v. TRANSPORTATION DEPARTMENT

No. 83-2152.

123 Wis.2d 226 (1985)

365 N.W.2d 919

Harold R. BRITTON, d/b/a Britton Farms of Plainfield, Wisconsin, Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 25, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jerry L. Hancock of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Claude J. Covelli and Boardman, Suhr, Curry & Field of Madison.

Before Gartzke, P.J., Dykman, J. and Rudolph T. Randa, Reserve Judge.

RUDOLPH T. RANDA, Reserve Judge.

The Department of Transportation appeals from a summary judgment that provided in part that respondent Harold Britton's "truck tractor" is a "farm truck" under sec. 340.01 (18), Stats. (1981-82),1 thereby qualifying it for the reduced registration fee under sec. 341.26 (3) (a), Stats.2 We reverse that part of the judgment.

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