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PIPKORN v. BROWN DEER

9 Wis.2d 571 (1960)

PIPKORN and others, Respondents, v. VILLAGE OF BROWN DEER and others, Appellants.

Supreme Court of Wisconsin.

March 8, 1960.

Attorney(s) appearing for the Case

For the appellants there were briefs by Harold H. Fuhrman, village attorney, attorney, and Wickert & Fuhrman and John M. Ellegard of counsel, all of Milwaukee, and oral argument by Harold H. Fuhrman.

For the respondents there was a brief by Demet & Demet of Milwaukee, and oral argument by Francis J. Demet.

HALLOWS, J.

The only question before us is whether the defendant Sontag can be designated to represent the other beneficiaries of the water trust who are similarly situated so as to constitute this a class action. When Green Knoll subdivision was laid out, a water trust was created for the benefit of the lot owners. They became beneficiaries of the trust and the owners of fractional shares thereof, entitled to use water from the system for domestic purposes. The trust...

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