SCHROEDEL CORP. v. STATE HIGHWAY COMM.


38 Wis.2d 424 (1968)

SCHROEDEL CORPORATION, Appellant, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of Wisconsin.

April 9, 1968.


Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Roger C. Minahan, Richard P. Buellesbach, and Richard C. Ninneman of counsel, all of Milwaukee, and oral argument by Mr. Roger C. Minahan and Mr. Ninneman.

For the respondent there was a brief by Robert P. Russell, corporation counsel of Milwaukee county, and Robert G. Polasek, assistant corporation counsel, and oral argument by Mr. Polasek.


CONNOR T. HANSEN, J.

This appeal presents two issues:

1. Whether the notice of appeal by certified mail under sec. 32.05(10), Stats., must be received within the statutory sixty-day appeal period.

2. Whether the trial court erred in determining that the notices of appeal by the State Highway Commission were, in fact, timely served.

It is undisputed that the sixty-day statutory appeal period expired at midnight, August 30, 1966.

1. Appellant...

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