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STATE EX REL. FREEMAN PRINTING CO. v. LUEBKE

36 Wis.2d 298 (1967)

STATE EX REL. FREEMAN PRINTING COMPANY, and others, Relators, v. LUEBKE, Circuit Judge, Respondent.

Supreme Court of Wisconsin.

October 3, 1967.

Attorney(s) appearing for the Case

For the relators there was a brief by Lowry, Hunter & Tikalsky, and oral argument by Thomas E. Anderson, all of Waukesha.

For the respondent there was a brief by Callahan, Arnold & Van Metre, and oral argument by Neal P. Nettesheim, all of Columbus.

HALLOWS, J.

The sole question is whether the trial court had jurisdiction to grant a voluntary nonsuit to the plaintiff D'Amato while an appeal of the relators in this proceeding from the order overruling their demurrer to the amended complaint was pending in this court. The trial court noted in its memorandum decision and D'Amato argues in his brief that the motion for a nonsuit was pending in the trial court at the time...

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