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McCABE v. MILWAUKEE

No. 190.

53 Wis.2d 34 (1971)

191 N.W.2d 926

McCABE and another, Appellants, v. CITY OF MILWAUKEE and others, Respondents.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Richard J. Steinberg of Milwaukee.

For the respondents there was a brief by John J. Fleming, city attorney, and Harvey G. Odenbrett, principal assistant city attorney, and oral argument by Mr. Odenbrett.

HANLEY, J.

We note at the outset that it does not appear that the attorney general was served with a copy of the proceeding in this case or that he was cognizant of the institution of the action. Whenever a declaratory judgment action is brought challenging the constitutionality of a statute or ordinance, the attorney general must be served with copies of the proceedings, as required by sec. 269.56 (11), Stats.:

". . . [I]f the statute, ordinance or franchise...

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