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STATE EX REL ABBOTT v. HOUSE OF VISION, ETC.,

259 Wis. 87 (1951)

STATE EX REL. ABBOTT, as President of WISCONSIN BOARD OF EXAMINERS IN OPTOMETRY, Respondent, vs. HOUSE OF VISION-BELGARD-SPERO, INC., Appellant.

Supreme Court of Wisconsin.

April 3, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Spence & Herb on, attorneys, and Stephen C. deVries and Daniel J. Brodell of counsel, all of Milwaukee, and oral argument by Mr. Arthur T. Spence and Mr. deVries.

For the respondent there was a brief by the Attorney General, William J. McCauley, district attorney of Milwaukee county, and Joseph E. Tierney, deputy district attorney, and oral argument by Mr. Tierney.

FRITZ, C. J.

The material facts and the issues are briefly but completely stated in the memorandum decision of the learned trial court as follows:

"Demurrer to complaint. Plaintiff in its complaint alleges that the defendant, a foreign corporation, is guilty of public nuisance in Milwaukee county and seeks a temporary injunction restraining defendant, its agents and servants, from continuing in said alleged public nuisance.

"The issues are: (a) Does...

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