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KULTGEN v. STATE HIGHWAY COMM.

12 Wis.2d 261 (1961)

KULTGEN, Appellant, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frank X. Didier of Port Washington.

For the respondent the cause was argued by Richard C. Bonner of Grafton, special counsel, A. J. Feifarek, assistant attorney general, and James J. Koenen, district attorney of Ozaukee county, with whom on the brief were John W. Reynolds, attorney general, and Richard E. Barrett and William H. Wilker, assistant attorneys general.

BROWN, J.

The statute in effect at the time of the county judge's award on July 16, 1958, provided that the aggrieved party had ninety days in which to appeal to the circuit court. The commission did appeal on July 24, 1958. Its appeal is as follows:

"Please take notice that the State Highway Commission of Wisconsin, respondent in the above proceedings, hereby appeals to the circuit court of Ozaukee county, Wisconsin, from the award of damages for the taking...

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