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THOMAS v. WAUKESHA

19 Wis.2d 243 (1963)

THOMAS and wife, Respondents, v. CITY OF WAUKESHA, Appellant.

Supreme Court of Wisconsin.

March 5, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by John P. Buckley, city attorney, and Robert F. Boden, assistant city attorney.

For the respondents there was a brief by A. Warren Cahill and Harry E. Fryatt, Jr., both of Waukesha, and oral argument by Mr. Cahill.

DIETERICH, J.

The action was tried and determined pursuant to the provisions of sec. 66.60 (12) (b), Stats.1

Arcadian avenue, the route of State Trunk Highway 59 through the city, was rebuilt in 1960, as a federal urban project in which the federal government paid 50 percent of the cost, the state 35 percent, and the city 15 percent.

Before the improvement, Arcadian avenue was a blacktop street, 34 feet wide (most of the...

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