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ROSSIE v. STATE REV. DEPT.

No. 85-0609.

133 Wis.2d 341 (1986)

395 N.W.2d 801

Richard ROSSIE, Plaintiff-Respondent and Cross-Appellant, v. STATE of Wisconsin/DEPARTMENT OF REVENUE; Micheal Ley, Secretary for the Wisconsin Department of Revenue; State of Wisconsin: The Honorable Bronson C. La Follette, Attorney General for the State of Wisconsin, Defendants-Appellants and Cross-Respondents.

Court of Appeals of Wisconsin.

Decided September 12, 1986.

Attorney(s) appearing for the Case

For the plaintiff-respondent and cross-appellant, the cause was submitted on the briefs of Paul E. Sicula, of Milwaukee.

For the defendants-appellants and cross-respondents, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Bruce A. Olsen, assistant attorney general.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Appellants, collectively the Department of Revenue (DOR), appeal a judgment permanently enjoining the DOR from using its internal disciplinary system to enforce two DOR administrative directives that prohibit smoking in all DOR facilities. Richard Rossie, a DOR employee, cross-appeals from that portion of the judgment declaring the directives to be valid. We hold that the two directives were validly promulgated and are not "rules" for the purposes of...

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