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CEMETERY SERV., INC. v. DEPT. OF REG. & LICENS

No. 97-2115.

221 Wis.2d 817 (1998)

586 N.W.2d 191

CEMETERY SERVICES, INC., and SCI Wisconsin Funeral Services, Inc., Plaintiffs-Appellants, v. The WISCONSIN DEPARTMENT OF REGULATION AND LICENSING, The Funeral Directors Examining Board, and The Secretary of Regulation and Licensing, Defendants-Respondents, The WISCONSIN FUNERAL DIRECTORS ASSOCIATION, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 10, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of William M. Conley, Michael S. Heffernan and Emily R. Gnam of Foley & Lardner of Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Bruce A. Olsen, assistant attorney general.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Bryan D. Woods of Brennan, Steil, Basting & MacDougall, S.C. of Madison.

Before Dykman, P.J., Eich and Roggensack, JJ.

ROGGENSACK, J.

Cemetery Services, Inc. ( Cemetery Services) and SCI Wisconsin Funeral Services, Inc. (Funeral Services) appeal from a summary judgment declaring that Cemetery Services and Funeral Services, violated §§ 157.067(2) and 445.12(6), STATS., which prohibit certain connections between cemeteries and funeral homes. Because we conclude that Cemetery Services and Funeral Services, under the undisputed facts of this case, have impermissible financial...

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