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CAYO v. MILWAUKEE

No. 159.

41 Wis.2d 643 (1969)

165 N.W.2d 198

CAYO, on behalf of himself and all others similarly situated, Appellant, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Michael, Best & Friedrich, attorneys, and Lee J. Geronime and Frederick T. Rikkers of counsel, all of Milwaukee, and oral argument by Mr. Geronime.

For the respondent there was a brief by John J. Fleming, city attorney, and Herbert F. Sonnenberg, assistant city attorney, and oral argument by Mr. Sonnenberg.

WILKIE, J.

Appellant attacks ordinance 2-235.5 as either an unconstitutional denial of equal protection to this nonveteran military reservist, or as an unconstitutional conflict with the express policy of our legislature regarding the national guard. Before reaching the merits of appellant's contentions, we must first consider the question of whether appellant has a cause of action if ordinance 2-235.5 is unconstitutional.

It is clear that if the trial court...

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