PORTER v. STATE

Appeal No. 2016AP1599.

902 N.W.2d 566 (2017)

2017 WI App 65

E. Glenn PORTER, III and Highland Memorial Park, Inc., Plaintiffs-Appellants, v. STATE of Wisconsin, Dave Ross and Wisconsin Funeral Directors Examining Board, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: August 29, 2017.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Richard M. Esenberg , Michael Fischer , Thomas C. Kamenick and Clyde Taylor of Wisconsin Institute For Law & Liberty, Milwaukee. There was oral argument by Richard M. Esenberg.

On behalf of the defendants-respondents, the cause was submitted on the brief of Gabe Johnson-Karp , assistant attorney general, and Brad D. Schimel , attorney general. There was oral argument by Gabe Johnson-Karp.

Before Stark, P.J., Hruz and Seidl, JJ.


¶ 1 In this appeal, E. Glenn Porter, III and Highland Memorial Park, Inc.,1 contend two statutes, which the parties refer to as the "anti-combination laws," are facially unconstitutional on equal protection and substantive due process grounds. Generally speaking, the anti-combination laws prohibit the...

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