MILLER BRANDS-MILWAUKEE v. CASE

No. 89-0984.

162 Wis.2d 684 (1991)

470 N.W.2d 290

MILLER BRANDS-MILWAUKEE, INC., a Wisconsin Corporation, Plaintiff-Respondent-Petitioner, v. Karen A. CASE, Secretary of the Wisconsin Department of Revenue and all Department Agents and Employees, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 11, 1991.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by James M. Shellow, Robert R. Henak and Shellow, Shellow & Glynn, S.C., Milwaukee and oral argument by James M. Shellow.

For the defendant-appellants the cause was argued by Gerald S. Wilcox, assistant attorney general with whom on the brief was Donald J. Hanaway, attorney general.

Amicus curiae brief was filed by Howard S. Goldman and Tomlinson, Gillman, Travers, Gregg & Kravat, S.C., Madison for Wisconsin Wholesale Beer Distributors Association, Inc.

Amicus curiae brief was filed by Edwin J. Hughes, Gila Shoshany and Stafford, Rosenbaum, Rieser & Hansen, Madison for Blue Ribbon Brands, Inc., Henricks Beverage, Inc., Jed's Distributing Co., LaCrosse Distributing Co., Midstate Distributors Corp., Pehler Bros., Quality Beverages of Wisconsin, Reinerio Beverages, Spooner Bottling Works, Stanley's Beer Depot, Vavruska Distributing and Zastrow the Beer Man.

Amicus curiae brief was filed by James R. Sommers and Hunter & Sommers, Waukesha for Beloit Beverage Company, Better Brands Distributing Co. and Domanik Sales Company.

Amicus curiae brief was filed by Thomas Armstrong, Michael H. Schaalman, Jeffrey A. Brauch and Quarles & Brady, of counsel, Anne L. Noyes and Miller Brewing Company, Milwaukee, of counsel, Walter R. Stewart and Stewart Law Office, Madison for Miller Brewing Company, United Cerebral Palsy of Southeastern Wisconsin, Inc. and Wisconsin Restaurant Association.

Amicus curiae brief was filed by Pamela H. Schaefer and Cook & Franke, Milwaukee, of counsel, Scott E. Flick and Howrey & Simon, Washington, D.C. and Shelley Sieveking and Anheuser-Busch, St. Louis, Missouri, for Anheuser-Busch, Inc.


DAY, J.

This case is before the court on a grant of a petition for review by Miller Brands-Milwaukee, Inc. (Miller Brands) of a court of appeals decision. Miller Brands-Milwaukee v. Case, 156 Wis.2d 800, 457 N.W.2d 896 (Ct. App. 1990). The majority of the court of appeals (Eich, C.J., dissenting) reversed a summary judgment of the circuit court for Dane county, the Honorable Susan Steingass...

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