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STATE EX REL. ELFERS v. OLSON

26 Wis.2d 422 (1965)

STATE EX REL. ELFERS, Respondent, v. OLSON, Appellant.

Supreme Court of Wisconsin.

February 2, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Heide, Sheldon, Hartley & Thom and W. Scott Thom, all of Kenosha, and oral argument by W. Scott Thom.

For the respondent there was a brief and oral argument by Gerald T. Flynn of Racine.

WILKIE, J.

In essence the trial court ruled that, on the facts alleged in the complaint, the assembly action on Resolution 9, A., was an unconstitutional attempt to remove Elfers from the assembly seat he had already taken and not the settlement of a contest over who was the duly elected assemblyman from the second Kenosha district.

Three issues are presented on this appeal:

1. Do the facts alleged in the complaint present a controversy over which...

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