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FUNKE v. JOINT COUNTY SCHOOL COMM.

271 Wis. 439 (1955)

FUNKE, Appellant, vs. JOINT COUNTY SCHOOL COMMITTEE OF MILWAUKEE and WAUKESHA COUNTIES, Respondent.

Supreme Court of Wisconsin.

December 6, 1955.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lines, Spooner & Quarles, attorneys, and Maxwell H. Herriott and Laurence E. Gooding, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Herriott.

For the respondent there was a brief by Oliver L. O'Boyle, corporation counsel of Milwaukee county, and C. Stanley Perry, first assistant corporation counsel, and oral argument by Mr. Perry.

STEINLE, J.

The questions raised upon this appeal are: Did the Joint Committee's order "create" a new common school district?

Was the order valid, notwithstanding that it intentionally did not "designate that a board of three, five, seven, or nine members be elected" in the reorganized school district?

Appellant contends that by its order the Joint Committee "created" a new school district, and that in view of its action in so "creating" a new district...

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