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RUSSELL DAIRY STORES v. CHIPPEWA FALLS

272 Wis. 138 (1956)

RUSSELL DAIRY STORES, INC., Appellant, vs. CITY OF CHIPPEWA FALLS, Respondent.

Supreme Court of Wisconsin.

February 7, 1956.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by John Frampton of Chippewa Falls.

For the respondent there was a brief by Ingolf E. Rasmus, and oral argument by Mr. James B. Halferty and Mr. Rasmus, both of Chippewa Falls.

STEINLE, J.

The state of Wisconsin was not named as a party in this action, nor did the complaint demand that the state provide a right of ingress to or egress from Highway 53 to the plaintiff's property. While the summons and complaint were served upon the state as required in sec. 269.56 (11), Stats., and while the district attorney of Chippewa county entered a special appearance on behalf of the state for the purpose of challenging the jurisdiction affecting the...

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