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VORPAHL v. GOSSMAN

24 Wis.2d 232 (1964)

VORPAHL and wife, Appellants, v. GOSSMAN and others, Respondents.

Supreme Court of Wisconsin.

June 2, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by E. A. Stecker of Appleton.

For the respondents there was a brief by Don R. Herrling of Appleton, attorney, and John H. Lungren and M. R. Burmaster of counsel, both of Milwaukee, and oral argument by Mr. Herrling.

WILKIE, J.

The first issue raised on this appeal is: Have the appellants waived their right to enjoin the construction of the Clark service station by virtue of their failure to commence an action seeking to enjoin the construction of a Standard service station immediately adjacent to their property?

The Standard Oil station lies immediately adjacent to the Vorpahls' property. When construction of this building began, the Vorpahls consulted an attorney...

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