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LUHMAN v. EVERGREEN CEMETERY ASSO.

5 Wis.2d 213 (1958)

LUHMAN and another, Copartners, Appellants, v. EVERGREEN CEMETERY ASSOCIATION, Respondent.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by Clifford & Fitzpatrick, attorneys, and William B. Clifford and James A. Fitzpatrick of counsel, all of Watertown, and oral argument by James A. Fitzpatrick.

For the respondent the cause was submitted on the brief of Smith, Rogers & Smith of Fort Atkinson.

BROADFOOT, J.

Neither party could cite any controlling Wisconsin case dealing with the subject involved in this controversy. Several cases from other jurisdictions were cited to the trial court and to us, but upon a review of those cases we find none particularly applicable to this situation.

It is clear that cemetery associations have the right to make rules, but there are certain restrictions upon this right: First...

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