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BURTON v. STATE APPEAL BOARD

38 Wis.2d 294 (1968)

BURTON and others, Appellants, v. STATE APPEAL BOARD, Respondent.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Godfrey, Godfrey, Neshek & Conway of Elkhorn, and oral argument by Thomas G. Godfrey.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Max C. Ashwill, legal consultant, department of public instruction.

HEFFERNAN, J.

Numerous issues were raised by the petitioners in the circuit court and were incorporated in their brief on this appeal. During oral argument the appellants, although not conceding that other points briefed were wholly without merit, chose to rest their case on the single issue of whether the statute, sec. 117.03,3 Stats., results in an unconstitutional delegation of legislative power. Their position is premised upon art...

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