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EICHENSEER v. MADISON-DANE TAVERN LEAGUE

No. 2005AP1063.

725 N.W.2d 274 (2006)

2006 WI App 226

Nic J. EICHENSEER, Plaintiff, Brian Dougherty and Eric B. Stener on Behalf of Themselves and all Other Similarly Situated Persons, Plaintiffs-Appellants, v. MADISON-DANE COUNTY TAVERN LEAGUE, INC., Amy's Cafe, Inc., The Angelic Brewing Company, L.L.C., Brothers of Wisconsin, Inc. d/b/a Brothers, Oscar, Inc. d/b/a Buffalo Wild Wings Grill & Bar, Bull Feathers, Inc., Zapel, Inc. d/b/a City Bar, Wisconsin Ventures, Inc. d/b/a Club Amazon and the Church Key, Kollege Klub, Inc., Schooners Bar & Grill d/b/a Lava Lounge, the Church Key d/b/a Mad Dog's Pub & Pizzeria, B.A.T., Inc. d/b/a Madhatters, Orbut of State Street, Inc. d/b/a Mondays, Nitty Gritty, L.L.C., Paul's Club, Inc., Plaza Tavern and Grill, Inc., The Pub, Inc., The Red Shed, Inc., Spices Restaurante, Inc., State Bar & Grill, L.L.C., State Street Brats, Stillwaters, Inc., Vintage L.L.C. d/b/a Vintage Spirits & Grill, Wando Ventures, Inc., The Bull Ring of Madison, Inc. d/b/a The Irish Pub and Does 1-50, Defendants-Respondents, Secura Supreme Insurance, Intervenor.

Court of Appeals of Wisconsin.

Opinion Filed October 26, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Kay Nord Hunt, Reid R. Lindquist, Brent R. Johnson and Steven E. Uhr of Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, MN.

On behalf of the defendants-respondents, the cause was submitted on the brief of Kevin J. O'Connor and Kendall W. Harrison of LaFollette Godfrey & Kahn, Madison; David L. Mandell of Mandell & Ginsburg Law, Madison; Alan G.B. Kim, Jr., of Davis & Kuelthau, Madison; and George B. Strother of Krekeler Strother, S.C., Madison.

A nonparty brief was filed by Eric J. Wilson, assistant attorney general, Peggy A. Lautenschlager, attorney general, and Nancy K. Lynch of the University Legal Counsel, University of Wisconsin-Madison.

Before LUNDSTEN, P.J., and DEININGER and HIGGINBOTHAM, JJ.

¶ 1 DEININGER, J.

Two University of Wisconsin-Madison students and a third plaintiff commenced this class action suit for injunctive relief and damages against twenty-four campus-area taverns and the Madison-Dane County Tavern League, Inc. They alleged that the defendants had engaged in an illegal conspiracy in restraint of trade by voluntarily agreeing to limit "drink specials" on Friday and Saturday nights after 8:00 p.m. The circuit court granted summary judgment...

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