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STATE v. DAIRYLAND POWER COOPERATIVE

No. 358.

52 Wis.2d 45 (1971)

187 N.W.2d 878

STATE, Respondent, v. DAIRYLAND POWER COOPERATIVE, Appellant.

Supreme Court of Wisconsin.

Decided June 25, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wheeler, Van Sickle, Day & Anderson of Madison, and oral argument by Floyd E. Wheeler.

For the respondent the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, Arvid A. Sather, deputy attorney general, and Priscilla MacDougall, assistant attorney general.

A brief amicus curiae was filed by Eugene O. Gehl of Madison, for the Wisconsin Power & Light Company.

A brief amicus curiae was filed by Prosser, Wiedabach, Koppa, Lane & Quale of Milwaukee, for the Wisconsin Electric Power Company.

HANLEY, J.

Three issues are presented on appeal:

(1) Has sec. 280.02, Stats., been repealed by implication;

(2) Does either the exhaustion of remedies rule or the primary jurisdiction rule deprive the circuit court of jurisdiction to hear the merits of the matter; and

(3) Does the complaint state facts sufficient to constitute a cause of action?

Repeal by implication.

Sec....

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