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IN RE TOWN OF SPREAD EAGLE

17 Wis.2d 200 (1962)

IN RE ORGANIZATION OF TOWN OF SPREAD EAGLE: NELSON and others, Appellants, v. TOWN OF FLORENCE and others, Respondents.

Supreme Court of Wisconsin.

June 29, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Emmet McCarthy of Marinette, and Irving W. Smith, Sr., of Niagara, and oral argument by Mr. McCarthy.

For the respondents there was a brief by Allen C. Wittkopf and Walter DallaGrana, both of Florence, and oral argument by Mr. DallaGrana.

DIETERICH, J.

The parties stipulated on the first day of trial, March 7, 1961, to certain facts which constituted a fulfilment of the statutory requirements to organize a new town, except for the following three issues:

(1) Whether the proposed new town contained 150 resident freeholders;

(2) Whether the petition contained the signatures of a majority of the electors of the proposed new town; and

(3) Whether the petition contained the signatures...

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