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STATE v. BETTER BRITE PLATING, INC.

No. 90-0280.

160 Wis.2d 809 (1991)

466 N.W.2d 239

STATE of Wisconsin, Plaintiff-Respondent v. BETTER BRITE PLATING, INC., a Wisconsin corporation, Defendant The ZINC SHOP, INC., a Wisconsin corporation, Defendant-Co-Appellant David J. MATYAS, Trustee, Defendant-Appellant John E. ZENNER, Defendant-Co-Appellant

Court of Appeals of Wisconsin.

Decided February 5, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and orally argued by David J. Matyas of De Pere.

On behalf of the defendants-co-appellants, the cause was submitted on the briefs of and orally argued by Joseph C. Niebler of Niebler & Muren, S.C. of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Robert M. Hunter, assistant attorney general, and orally argued by Robert M. Hunter of Madison.

An amicus curiae brief was submitted by Michael C. Runde, chairperson, The Bankruptcy, Insolvency & Creditors Rights Section of the State Bar of Wisconsin, of Charne, Clancy & Taitelman S.C. of Milwaukee; John M. Van Lieshout of Charne, Clancy & Taitelman, S.C. of Milwaukee; and Paul G. Swanson of Steinhilber, Swanson, Mares, Curtis & Marone of Oshkosh; and orally argued by John M. Van Lieshout.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Zinc Shop, Inc., a bankrupt corporation, John Zenner and David Matyas, former trustees in the bankruptcy proceedings, appeal a summary judgment in a civil forfeiture action that subjects the defendants to personal liability for civil forfeitures (up to $25,000 a day) and costs of cleanup (estimated up to $400,000 or more).1 The action was filed pursuant to the Hazardous Waste Management...

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