IN RE SCHOOL DISTRICT NO. 5, VIL. OF BEAR CREEK

No. 196.

42 Wis.2d 264 (1969)

166 N.W.2d 160

IN RE SCHOOL DISTRICT NO. 5, VILLAGE OF BEAR CREEK and others: LISBETH and others, Appellants, v. KAHL, Superintendent of Public Instruction and another, Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1969.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Orville S. Luckenbach of Shawano.

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 of Madison, legal consultant for the Department of Public Instruction.


HEFFERNAN, J.

The trial court decided this case on summary judgment. It concluded that there was no substantial issue to be tried and affirmed the order of the State Appeal Board.

Sec. 270.635, Stats., provides that when the motion for summary judgment is made by the defendant, judgment may be entered on his behalf in the event that there are submitted:

". . . such evidentiary facts, including documents or copies thereof, as shall show that his denials...

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