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ROCKWOOD VOLUNTEER FIRE DEPT. v. KOSSUTH

260 Wis. 331 (1951)

ROCKWOOD VOLUNTEER FIRE DEPARTMENT, Appellant, vs. TOWN OF KOSSUTH, Respondent.

Supreme Court of Wisconsin.

January 8, 1952.

Attorney(s) appearing for the Case

John C. Mayer of Manitowoc, attorney, and Victor A. Miller of St. Nazianz of counsel, for the appellant.

For the respondent there was a brief by Fischer & Smith and Austin F. Smith, all of Manitowoc, and oral argument by Austin F. Smith.

MARTIN, J.

The respondent town of Kossuth has not established a fire department of its own or contracted with another for fire protection, as authorized in sec. 60.29 (18), Stats., and appellant seeks recovery for the value of its services under the provisions of sec. 60.29 (18m), which reads:

"Any town failing to provide under subsection (18) or otherwise for a fire department and fire-fighting apparatus and equipment...

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