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COUNTY OF MILW v. SUPERIOR OF WISCONSIN

Nos. 98-2851, 98-2897, 98-2898.

234 Wis.2d 218 (2000)

2000 WI App 75

610 N.W.2d 484

COUNTY OF MILWAUKEE, Plaintiff-Respondent, v. SUPERIOR OF WISCONSIN, INC., Defendant-Appellant. COUNTY OF MILWAUKEE, Plaintiff-Respondent, v. FAIRWAY TRANSIT, INC., Defendant-Appellant. COUNTY OF MILWAUKEE, Plaintiff-Respondent, v. FAIRWAY TRANSIT, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 7, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant Superior of Wisconsin, Inc., the cause was submitted on the briefs of Joseph P. Duffey of Duffey Law Office, S.C. and Karen K. Duke of Superior Services, Inc., Milwaukee. There was oral argument by Joseph P. Duffey.

On behalf of the defendant-appellant Fairway Transit, Inc., the cause was submitted on the briefs of Anthony R. Varda and Bradley C. Fulton of DeWitt Ross & Stevens S.C., Madison. There was oral argument by Anthony R. Varda.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of E. Michael McCann, district attorney and Kent L. Lovern, assistant district attorney, Milwaukee. There was oral argument by Kent L. Lovern. There was a supplemental brief of James E. Doyle, attorney general, by Peter C. Anderson, assistant attorney general and Barbara F. Bird, Department of Transportation, of counsel. There was oral argument by Peter C. Anderson.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. WEDEMEYER, P.J.

Superior of Wisconsin, Inc. and Fairway Transit, Inc. (collectively "Superior") appeal from a judgment of the circuit court finding both companies guilty of violating overweight permits issued by the Wisconsin Department of Transportation. The dispositive issue in this case involves whether "shredder fluff"—the material that was being transported in the trucks that were cited for weight violations—constitutes "recyclable scrap...

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