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MILWAUKEE COUNTY v. WHITE CO.

No. 32.

296 U.S. 268 (1935)

MILWAUKEE COUNTY v. M.E. WHITE CO.

Supreme Court of United States.

Decided December 9, 1935.

Attorney(s) appearing for the Case

Mr. Herbert H. Naujoks, Assistant Attorney General of Wisconsin, and Mr. Clark J.A. Hazelwood, with whom Mr. James E. Finnegan, Attorney General, and Mr. O.L. O'Boyle were on the brief, for Milwaukee County.

Mr. Irving Herriott, with whom Mr. W. Ward Smith was on the brief, for M.E. White Co.

MR. JUSTICE STONE delivered the opinion of the Court.

This case comes here under § 239 of the Judicial Code, 28 U.S.C. 346, on certificate of the Court of Appeals for the Seventh Circuit, which presents a question of law concerning which the instructions of this Court are desired for the proper decision of the case.

The relevant facts, as stated by the certificate, are that the appellant, Milwaukee County, a county and citizen of Wisconsin, brought suit...

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