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CUDAHY v. DELUCA

Nos. 206, 207.

49 Wis.2d 90 (1970)

181 N.W.2d 374

CITY OF CUDAHY, Appellant, v. DELUCA, Respondents. [Two appeals.]

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Ray T. McCann, and oral argument by Richard A. McDermott, both of Milwaukee.

For the respondents there was a brief by Peregrine, Schimenz, Marcuvitz & Cameron and Hugh R. Braun, all of Milwaukee, and oral argument by Mr. Braun.

WILKIE, J.

Two issues are raised on this appeal:

1. Did the trial court err in holding that appellant must prove a violation of the ordinance here involved by clear, satisfactory and convincing evidence, rather than by the lesser general civil standard of a fair preponderance?

2. Did the trial court err in holding that the ordinance required a showing of knowledge on the part of respondents to sustain a finding of violation?

Proper standard...

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