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DI GIORGIO v. McCANN

No. 73-C-30.

360 F.Supp. 779 (1973)

Angelo Di GIORGIO, and Rudolph Porchetta, Plaintiffs, v. E. Michael McCANN, District Attorney of Milwaukee County, and Nathan E. Wiese, Judge of the County Court, Waupaca County, Sitting in Milwaukee County in County Court, Defendants.

United States District Court, E. D. Wisconsin.

May 25, 1973.

Attorney(s) appearing for the Case

Joseph P. Balistrieri, Milwaukee, Wis., for Angelo Di Giorgio and Rudolph Porchetta.

Kevin E. O'Neill, Asst. Dist. Atty., of Milwaukee County, Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The plaintiffs commenced this action seeking a declaratory judgment that §§ 66.054(8a)(c) and 176.05(23)(c) Wis.Stats. (1967) are unconstitutional. Plaintiffs have moved for interlocutory injunctive relief, and the defendants have moved to dismiss the complaint. Since the latter motion will be granted, it follows that the application for injunctive relief should not be granted.

The complaint...

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