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OWENS-ILLINOIS v. TOWN OF BRADLEY

No. 85-0624.

132 Wis.2d 310 (1986)

392 N.W.2d 104

OWENS-ILLINOIS, INC., an Ohio Corporation, Plaintiff-Respondent and Cross-Appellant, v. TOWN OF BRADLEY, Defendant and Third-Party Plaintiff, COUNTY OF LINCOLN, Defendant, WISCONSIN DEPARTMENT OF REVENUE, Defendant-Appellant and Cross-Respondent, SCHOOL DISTRICT OF TOMAHAWK and Nicolet College and VTAE Technical Institute, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided June 17, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent, Wisconsin Department of Revenue, there were briefs by Bronson C. La Follette, attorney general, and John C. Murphy, assistant attorney general.

For the plaintiff-respondent and cross-appellant, Owens-Illinois, Inc., there were briefs by Thomas G. Ragatz, Michael B. Van Sicklen, and Nancy A. Kopp, of Foley & Lardner.

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

CANE, P.J.

This appeal and cross-appeal follow the Wisconsin Department of Revenue's denial of a property tax exemption, under sec. 70.11(21)(a), Stats., for a boiler and certain other equipment owned by Owens-Illinois, Inc. The department argues that Owens-Illinois' boiler is not tax-exempt because its primary purpose is steam production rather than waste disposal. Owens-Illinois' cross-appeal disputes the interest rate granted by the trial court on the judgment...

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