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STURGIS v. MARGETTS

No. 285.

47 Wis.2d 733 (1970)

177 N.W.2d 609

STURGIS and others, Plaintiffs and Respondents, v. MARGETTS and others, Appellants: WALWORTH COUNTY, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 26, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Jack J. Gimbel and Seymour Gimbel, both of Milwaukee, and oral argument by Seymour Gimbel.

For the plaintiffs-respondents there was a brief by Godfrey, Godfrey & Neshek and Milton E. Neshek, all of Elkhorn, and oral argument by Milton E. Neshek.

For the defendant-respondent there was a brief and oral argument by William L. Seymour, corporation counsel.

ROBERT W. HANSEN, J.

No issue was raised before the trial court, nor in the briefs on appeal, as to the applicability of the declaratory relief statute to the situation here involved. So this contention, advanced during oral arguments before this court, is held to have been belatedly raised and is not passed upon.1

The basic issue to be here resolved is whether the defendants are operating...

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