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McGRAW-EDISON CO. v. SEWERAGE COMM.

11 Wis.2d 46 (1960)

MCGRAW-EDISON COMPANY and another, Respondents, v. SEWERAGE COMMISSION OF CITY OF MILWAUKEE and another, Appellants.

Supreme Court of Wisconsin.

June 28, 1960.

Attorney(s) appearing for the Case

For the appellants there were briefs by John J. Fleming, city attorney, and Ewald L. Moerke, Jr., assistant city attorney, for the Sewerage Commission of the City of Milwaukee, and Albert B. Houghton of Milwaukee, for the Metropolitan Sewerage Commission of Milwaukee County, and oral argument by Mr. Moerke and Mr. Houghton.

Pursuant to sec. 269.56 (11), Stats., the cause was argued in support of the appellants by James H. McDermott, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.

For the respondents there was a brief by Foley, Sammond & Lardner and Steven E. Keane and John R. Collins, all of Milwaukee, and oral argument by Mr. Keane and Mr. Collins.

MARTIN, C. J.

The defendant city commission exists by virtue of ch. 608, Laws of 1913, as amended, and the county commission, under sec. 59.96 (1), Stats. The powers and duties of each are prescribed by law.

Prior to November, 1955, the state board of health and the state committee on water pollution held public hearings and made an intensive pollution study of the operation of the sewerage system in the Metropolitan Sewerage District of Milwaukee County and...

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