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FORD v. ROTHWELL

23 Wis.2d 80 (1964)

FORD and others, Appellants, v. ROTHWELL, State Superintendent of Public Instruction, Respondent.

Supreme Court of Wisconsin.

March 3, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Eugene A. Bitters of Ripon.

For the respondent the cause was argued by Harold H. Persons, assistant attorney general, with whom on the brief was George Thompson, attorney general.

FAIRCHILD, J.

1. Jurisdiction of the circuit court to hear the appeal. The orders of the school committees were made pursuant to sec. 40.035 (3), Stats. Par. (b) thereof provides that this type of order is "subject to appeal to the state superintendent but not to a referendum." Sec. 40.035 does not tell us how an appeal to the state superintendent is to be taken; nor does it set a time limit for such appeal. Neither does it say whether or not there may be an...

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