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WESTERN SUPPLY v. TV APPLIANCE

No. 87-0931.

146 Wis.2d 216 (1988)

430 N.W.2d 720

WESTERN SUPPLY CO., INC., Plaintiff-Respondent, v. T. V. APPLIANCE MART, INC., and Vincent W. Fonte, Sr., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 4, 1988.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Gerald C. Nichol, and Jeffrey W. Younger, and Lee, Johnson, Kilkelly & Nichol, S.C., of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Peder G. Arneson and Arneson & Jenkins, S.C., of La Crosse.

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

EICH, J. T.V.

Appliance Mart, Inc., and Vincent W. Fonte, Sr. ("Appliance Mart"), appeal from a summary judgment enjoining them from conducting a sale of merchandise in La Crosse on grounds that they failed to comply with the "transient merchant" law, sec. 130.065, Stats. The issues are: (1) whether the plaintiff, Western Supply Company, has standing to sue to enjoin a sale about to be conducted in violation of the statute; (2) whether Western's failure to join the...

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