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MILWAUKEE v. FIREMEN RELIEF ASSO.

No. 170.

42 Wis.2d 23 (1969)

165 N.W.2d 384

CITY OF MILWAUKEE, Respondent, v. FIREMEN RELIEF ASSOCIATION OF THE CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided March 7, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and L. C. Hammond, Jr., and John S. Holbrook, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Hammond.

For the respondent there was a brief by John J. Fleming, city attorney, and Richard F. Maruszewski, John F. Cook, and Maurice L. Markey, assistant city attorneys, attorneys, and Harry G. Slater, deputy city attorney, of counsel, and oral argument by Mr. Maruszewski.

HEFFERNAN, J.

In the portion of this case appealed earlier, we commended the opinion in the Associated Hospital Service Case to the attention of the trial court. In that case, this court concluded that, under sec. 74.73, Stats., a taxpayer was not entitled to recover interest from a city for the city's use of the money refunded to the taxpayer.

The majority of the court relied, as did the trial court in this instance, upon Schlesinger v. State

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