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MASTERCARD v. TOWN OF NEWPORT

No. 86-0365.

133 Wis.2d 328 (1986)

396 N.W.2d 345

MASTERCARD, a part of Consumer Credit Division of First Wisconsin National Bank of Milwaukee, a national banking corporation, Plaintiff-Appellant, v. TOWN OF NEWPORT, a municipal corporation, Lawrence Bough, Clerk, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 11, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of James Evenson and Quale, Hartmann, Bohl & Evenson, of Baraboo.

For the defendant-respondent, the cause was submitted on the brief of Steven F. Toepel and Brynelson, Herrick, Bucaida, Dorschel & Armstrong, of Wisconsin Dells.

Before Gartzke, P.J., Dykman and Eich, JJ.

GARTZKE, P.J.

First Wisconsin National Bank appeals from a judgment for $50 against the Town of Newport. The judgment arises out of purchases exceeding that amount the town clerk charged to a credit card the bank had issued in the town's name. The issue is whether, as the trial court held, the purchases were an "unauthorized use" of the credit card, within the meaning of the federal Truth in Lending Act, 15 U.S.C. sec. 1602(o), consequently limiting the town's liability...

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