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MENNE v. FOND DU LAC

273 Wis. 341 (1956)

MENNE and others, Appellants, vs. CITY OF FOND DU LAC, Respondent.

Supreme Court of Wisconsin.

June 22, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by St. Peter & Hauer of Fond du Lac, and oral argument by George M. St. Peter and Albert J. Hauer.

For the respondent there was a brief by Frederick K. Foster, corporation counsel, and Worthing & Calhoun, special counsel, and oral argument by Mr. Kenneth E. Worthing and Mr. Foster.

A brief was filed by Willink & Thompson of Madison, for the Wisconsin Farm Bureau Federation, Co-operative, as amicus curiae.

BROADFOOT, J.

To sustain their cause of action the plaintiffs attack the decision in Huber v. Merkel, 117 Wis. 355, 94 N. W. 354, which was discussed in the companion case. It is contended that the decision in that case should not control in the present case for several reasons: (1) That the decision therein was not based upon the police power; (2) that the decision does not correctly state the common law; (3) that the decision has been severely criticized...

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