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BOTHUM v. DEPARTMENT OF TRANSP.

No. 85-1290.

134 Wis.2d 378 (1986)

396 N.W.2d 785

Stanley E. BOTHUM, Petitioner-Respondent, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, and its Division of Motor Vehicles, and its Bureau of Driver Licensing, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided October 23, 1986.

Attorney(s) appearing for the Case

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

For the petitioner-respondent the cause was submitted on the brief of Richard V. Graylow and Lawton & Cates of Madison.

Before Dykman, Eich and Sundby, JJ.

EICH, J.

The Department of Transportation appeals from a judgment reversing its denial of Stanley Bothum's application for renewal of his school bus operator's license. The issue is whether the department's rule prohibiting licensure of any person using hypoglycemic medication conflicts with the handicap discrimination provisions of the Fair Employment Act, sec. 111.34, Stats., which require case-by-case evaluation of the relationship between an individual's handicap...

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