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VIC HANSEN & SONS v. COMR. OF TRANS

No. 85-0978.

133 Wis.2d 450 (1986)

395 N.W.2d 631

VIC HANSEN & SONS, INC., Petitioner-Respondent, v. OFFICE OF the COMMISSIONER OF TRANSPORTATION and Department of Transportation, Appellants.

Court of Appeals of Wisconsin.

Decided September 25, 1986.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Daniel D. Stier, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Gary L. Antoniewicz and Leslie F. Kramer and Antoniewicz, Gregg & Rona, S.C., of Madison.

For the intervenor-respondent, Wisconsin Automobile and Truck Dealers Association, Inc., the cause was submitted on the brief of Paul R. Norman and Wheeler, Van Sickle, Anderson, Norman & Harvey, S.C., of Madison.

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

EICH, J.

The Department and Commissioner of Transportation appeal from an order reversing the commissioner's suspension of Hansen's automobile dealer's license. The issues are: (1) whether the commissioner erroneously applied the "reckless disregard for the truth" standard in concluding that Hansen violated the dealer licensing law; and (2) whether the commissioner properly determined that Hansen knew or should have known that the odometers on several vehicles sold...

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