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STATE v. AMERICAN TV

No. 85-2066.

140 Wis.2d 353 (1987)

410 N.W.2d 596

STATE of Wisconsin, Plaintiff-Appellant, v. AMERICAN TV & APPLIANCE OF MADISON, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 4, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, James D. Jeffries, assistant attorney general, Stephen J. Nicks, assistant attorney general, and Barbara W. Tuerkheimer, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Wayne E. Babler, Jr., C. Vernon Howard, and Nancy K. Peterson, and Stroud, Stroud, Willink, Thompson & Howard, of Madison.

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

GARTZKE, P.J.

The state appeals from an order dismissing its complaint against American TV & Appliance of Madison, Inc. The complaint alleges that an American TV radio advertisement contained untrue, deceptive or misleading statements of fact, contrary to sec. 100.18(1), Stats., and was a plan or scheme, the purpose of which was not to sell the merchandise as advertised, contrary to sec. 100.18(9).1

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