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FLEMING v. BARRY

21 Wis.2d 259 (1963)

FLEMING, Appellant, v. BARRY, Clerk of Joint Union High School District No. 12 of Waukesha County, Respondent.

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Clayton A. Cramer of Waukesha.

For the respondent there was a brief by Love, Davis & McGraw of Waukesha, and oral argument by Glenn R. Davis.

BROWN, C. J.

The issue on appeal remains whether sec. 40.035, Stats., impliedly repealed sec. 40.15 so as to preclude the petitioned dissolution election.

Ch. 40 of the Wisconsin statutes, entitled "School Districts," pertains generally to school districts and their formation. Sec. 40.035 of that chapter was enacted in 1959, by ch. 563, sec. 1, Laws of 1959, and provides in material part:

"TERRITORY TO BE IN DISTRICT OPERATING HIGH SCHOOL. (1) After...

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