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STATE EX REL. FAIRCHILD v. McCARTHY

257 Wis. 62 (1950)

STATE EX REL. FAIRCHILD, Attorney General, Respondent, vs. McCARTHY and another, Appellants.

Supreme Court of Wisconsin.

May 2, 1950.

Attorney(s) appearing for the Case

William F. Morris of De Pere, for the appellant McCarthy.

For the respondent there was a brief by the Attorney General, Richard E. Barrett, assistant attorney general, and Charles H. Bartlett, Jr., of Madison, and oral argument by Mr. Barrett.

FRITZ, C. J.

On the hearing of plaintiff's motion for summary judgment there were presented by the stipulation of the parties in open court the following facts. On August 27, 1939, being the effective date of the so-called limitation law, i.e., sec. 176.05 (21), Stats., there were in force and effect in the town of Allouez, nine retail Class B intoxicating liquor licenses, which number exceeded the ratio of one for each five hundred inhabitants of said town...

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