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BAUERMEISTER v. ALDEN

16 Wis.2d 111 (1962)

BAUERMEISTER and others, Appellants, v. TOWN OF ALDEN, Respondent.

Supreme Court of Wisconsin.

March 6, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Doar & Knowles, and oral argument by W. T. Doar, Jr., and James A. Drill, all of New Richmond.

For the respondent there was a brief by Allen Kinney of Amery, and Edwin J. Larkin of Eau Claire, and oral argument by Mr. Larkin.

FAIRCHILD, J.

This action was founded upon sec. 74.73, Stats., authorizing recovery of an unlawful tax. Although the circuit court found that several plaintiffs had not fulfilled all procedural requirements of that section, and of sub. (4) in particular, it is clear that a number of plaintiffs had done so, and their causes of action were considered on the merits.

The gist of the complaint was that plaintiffs' properties were assessed at a higher percentage...

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