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TOWN OF FOND DU LAC v. CITY OF FOND DU LAC

22 Wis.2d 525 (1964)

TOWN OF FOND DU LAC and another, Appellants, v. CITY OF FOND DU LAC, Respondent. [Case No. 118.]

Supreme Court of Wisconsin.

February 12, 1964.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Edward D. Cleveland of counsel, all of Milwaukee, and oral argument by Mr. Cleveland.

For the respondent there was a brief and oral argument by Henry B. Buslee, city attorney.

HALLOWS, J.

When this matter came before us on appeal, the court was informed an appeal had been taken from the final judgment determining the merits of the controversy; this court then held this appeal in abeyance so both cases could be decided together.

The plaintiffs contend the trial court exceeded its powers in directing the city to assess the property by its order of July 30th on the ground the city's enactment...

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