BUTCHER v. AMERITECH CORP.

No. 2005AP2355.

727 N.W.2d 546 (2006)

2007 WI App 5

Stephen G. BUTCHER, Randy Meicher and Anthony F. Coffaro, on behalf of themselves and the class they represent, Plaintiffs-Appellants, v. AMERITECH CORPORATION, a foreign corporation, Michael Morgan as Secretary of the Wisconsin Department of Revenue and Wisconsin Bell, Inc., a Wisconsin Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 21, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert L. Gegios, William E. Fischer, Alexander T. Pendleton, Kohner of Mann & Kailas, S.C., Milwaukee; Jeffrey W. Purnell, Milwaukee; Dennis L. Fisher, Thomas J. Nichols, Thomas M. Hruz of Meissner Tierney, Fischer & Nichols, S.C., Milwaukee. There was oral argument by Robert L. Gegios.

On behalf of the defendants-respondents, Ameritech Corporation and Wisconsin Bell, Inc., the cause was submitted on the brief of Don M. Millis and Jordan J. Hemaidan of Michael Best & Friedrich, LLP, Madison, and Leslie M. Smith, P.C. and Todd F. Maynes, P.C. of Kirkland & Ellis, LLP, Chicago, IL. There was oral argument by Leslie M. Smith.

On behalf of the defendant-respondent, Michael Morgan, the cause was submitted on the brief of F. Thomas Creeron III, asst. attorney general, Paul L. Barnett, asst. attorney general, and Peggy A. Lautenschlager, attorney general. There was oral argument by Paul L. Barnett.

A nonparty brief was filed by Terrence M. Polich of Clifford & Raihala, SC, Madison, for the Citizens Utility Board, Inc.

Before LUNDSTEN, P.J., DYKMAN and VERGERONT, JJ.


¶ 1 VERGERONT, J.

Stephen Butcher, Randy Meicher, and Anthony Coffaro, on behalf of themselves and all others similarly situated, filed this action alleging that Ameritech Corporation collected sales tax from them on services that are not telecommunication services and therefore not subject to tax under WIS. STAT. §§ 77.52(2)(a)5. and 77.51(21m).1 They appeal the circuit court's orders dismissing

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