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TOWN OF EAST TROY v. A-1 SERVICE CO., INC.

Nos. 94-0610, 94-2194 to 94-2213.

196 Wis.2d 120 (1995)

537 N.W.2d 126

TOWN OF EAST TROY, Plaintiff-Respondent-Cross Appellant, v. A-1 SERVICE COMPANY, INC., and Town and Country Waste Service, Inc., Defendants-Appellants-Cross Respondents. TOWN OF EAST TROY, Plaintiff-Appellant, v. A-1 SERVICE COMPANY, INC., and Town & Country Waste Service, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 26, 1995.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross respondents, the cause was submitted on the briefs of Anthony R. Varda of DeWitt Ross & Stevens, S.C. of Madison.

On behalf of the plaintiff-respondent-cross appellant, the cause was submitted on the brief of David A. Hudec of Hudec Law Offices, S.C. of East Troy.

On behalf of the Wisconsin Department of Transportation, there was an amicus curiae brief filed by James E. Doyle, attorney general, and Susan K. Ullman, assistant attorney general.

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

BROWN, J.

A-1 Service Company, Inc. and Town & Country Waste Service, Inc. (A-1) are waste disposal hauling businesses registered with the Department of Transportation (DOT) to operate their trucks at the maximum registration weight allowable under the statutes, 80,000 pounds.1 Additionally, A-1 obtained overweight permits allowing it to haul up to 117,000 pounds.

The consolidated...

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