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BOHRER v. CITY OF MILWAUKEE

No. 00-3088.

248 Wis.2d 319 (2001)

2001 WI App 237

635 N.W.2d 816

Walter G. BOHRER, Jr., and Wisconsin Souvenir Milkcaps, Inc., Plaintiffs-Respondents, v. CITY OF MILWAUKEE and City of Milwaukee Police Department, Defendants-Co-Appellants, STATE of Wisconsin and James Doyle, in his capacity as Wisconsin Attorney General, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 25, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants and defendants-co-appellants, the cause was submitted on the joint briefs of James E. Doyle, attorney general, and Alan R. Kesner, assistant attorney general.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas L. Frenn and Mark E. Sostarich, of Petrie & Stocking, S.C., of Milwaukee.

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

¶ 1. SCHUDSON, J.

The City of Milwaukee and the City of Milwaukee Police Department, together with the State of Wisconsin and James Doyle, in his capacity as Wisconsin Attorney General, (collectively, "the State") appeal from the circuit court judgment granting declaratory judgment to Walter G. Bohrer, Jr., and his company, Wisconsin Souvenir Milkcaps, Inc. (collectively, "Bohrer"). The circuit court concluded that Bohrer's promotional games, "Discover Wisconsin...

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