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STATE v. FETTIG

Nos. 92-0881-CR, 92-0882-CR.

172 Wis.2d 428 (1992)

493 N.W.2d 254

STATE of Wisconsin, Plaintiff-Respondent, v. Robert P. FETTIG, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. TANKCRAFT CORPORATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 18, 1992.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants there were briefs by Stephen M. Glynn and Robert R. Henak of Shellow, Shellow & Glynn, S.C. of Milwaukee.

There were oral arguments by Stephen M. Glynn.

On behalf of the plaintiff-respondent there was a brief by James E. Doyle, attorney general, and Jeffrey M. Gabrysiak and Steven E. Tinker, assistant attorneys general. There were oral arguments by Jeffrey M. Gabrysiak.

On behalf of Fort Howard Corporation, Wisconsin Association of Manufacturers & Commerce, Inc. and Harnischfeger Industries, Inc. there was an amici curiae brief by Gregory B. Conway and Donald L. Romundson of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

Before Nettesheim, P.J., Brown and Snyder, JJ.

SNYDER, J.

This is one of the first appellate cases arising under the criminal penalty provisions of Wisconsins Hazardous Waste Management Act (HWMA), secs. 144.60 to 144.74, Stats. A jury found Tankcraft Corporation and its president, Robert P. Fettig, guilty of wilfully storing and disposing of hazardous wastes without a license. Three issues are raised on appeal: (1) whether the trial court erred by instructing the jury...

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