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FRANKENTHAL v. WISCONSIN R. E. BROKERS' BOARD

3 Wis.2d 249 (1958)

FRANKENTHAL and another, Respondents, vs. WISCONSIN REAL ESTATE BROKERS' BOARD, Appellant.

Supreme Court of Wisconsin.

February 28, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

For the respondents there was a brief and oral argument by Bernard Berk of Green Bay.

CURRIE, J.

The issues confronting us on this appeal are as follows:

(1) Did the attacked action of the board constitute the making of a rule within the meaning of sec. 227.014, Stats., so as to be reviewable by an action for declaratory judgment as provided by sec. 227.05?

(2) Is such board action invalid as being an unauthorized interpretation of ch. 136, Stats., governing the licensing of real-estate brokers?

(3) May costs be taxed against...

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