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STATE EX REL. POLAR WARE CO. v. MUUSS

18 Wis.2d 521 (1963)

STATE EX REL. POLAR WARE COMPANY, Respondent, v. MUUSS and others, Appellants. [Case No. 131.] TOWN OF SHEBOYGAN, Respondent, v. CITY OF SHEBOYGAN, Appellant. [Case No. 132.]

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Anthony M. Werner, city attorney.

For the respondent Polar Ware Company there was a brief by Federer, Grote, Hesslink, Rohde & Neuses of Sheboygan, and oral argument by Robert L. Rohde.

For the respondent town of Sheboygan there was a brief by Rabinovitz & Hodson of Sheboygan, and oral argument by David Rabinovitz.

Briefs amici curiae were filed by Edwin C. Conrad, city attorney, for the city of Madison; by Seward R. Stroud, village attorney, attorney, and Francis Lamb of Madison of counsel, for the village of Maple Bluff; and by John G. Gerlach, town attorney, attorney, and Robert D. Sundby of Madison of counsel, for the town of Madison.

FAIRCHILD, J.

The questions involve the interpretation of sec. 40.035, Stats. They are (1) whether the city had power to annex under sec. 40.035 (6) when the attachment of territory to the city for school purposes took place before July 1, 1962, (2) whether the referendum on annexation must be held throughout the territory attached for school purposes even if the city attempts to annex only a portion thereof (assuming as...

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