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STATE EX REL. WEST ALLIS v. DIERINGER

275 Wis. 208 (1957)

STATE EX REL. CITY OF WEST ALLIS, Appellant, vs. DIERINGER, Village Clerk, and others, Respondents.

Supreme Court of Wisconsin.

March 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by George A. Schmus, city attorney, and Charles G. Panosian, assistant city attorney, and oral argument by Mr. Schmus.

For the respondents village of West Milwaukee and Herman C. Dieringer, village clerk, there was a brief by Allen J. Busby, village attorney, and Maxwell H. Herriott of Milwaukee, special counsel, and oral argument by Mr. Herriott.

For the respondent town of Greenfield and George L. Luck, town clerk, there was a brief by Joseph A. Barly of Milwaukee, and by Joseph A. Barly and Charles Thekan, both of Milwaukee, attorneys for the remainder of the defendants except the village clerk and the village of West Milwaukee, and oral argument by Mr. Barly.

STEINLE, J.

The principal question presented is whether the trial court correctly interpreted the term "territory affected" as it appears in sec. 40.06 (2), Stats. 1955.

The legislature has provided two methods for the organization, reorganization, or dissolution of school districts in this state. Under sec. 40.03, Stats., authority is vested in the school committee to create, alter, consolidate, or dissolve school districts. Under sec. 40.06, such power is...

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