STATE EX REL. REYNOLDS v. NUSBAUM


17 Wis.2d 148 (1962)

STATE EX REL. REYNOLDS, Attorney General, Petitioner, v. NUSBAUM, Commissioner, State Department of Administration, Respondent.

Supreme Court of Wisconsin.

June 5, 1962.


Attorney(s) appearing for the Case

For the petitioner there was a brief by John W. Reynolds, attorney general, William A. Platz and James H. McDermott, assistant attorneys general, and oral argument by Mr. Reynolds and Mr. Platz.

For the respondent there were briefs by Marvin E. Klitsner, Thomas Ehrlich, David H. Fleck, and Foley, Sammond & Lardner, all of Milwaukee, and oral argument by Mr. Klitsner and Mr. Ehrlich.

A brief amicus curiae was filed by Charles J. Kersten of Milwaukee, for the Citizens for Educational Freedom.

A brief amici curiae was also filed by Floyd A. Brynelson, attorney, and Griffin G. Dorschel of counsel, both of Madison, for Winslow Wilson and others.


CURRIE, J.

Prior to the amendment of sec. 40.53 (1), Stats., by ch. 648, Laws of 1961,1 this statute required that school boards operating public elementary or high schools provide transportation to and from school for all pupils residing in the district two or more miles from the nearest public school they might attend, subject to the exception contained in sec. 40.55. Sec. 40.55 provides that...

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