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BOLLHOFFER v. WOLKE

No. 354.

66 Wis.2d 141 (1974)

223 N.W.2d 902

BOLLHOFFER, Appellant, v. WOLKE, Sheriff, and others, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Franklyn M. Gimbel and Gimbel, Gimbel & Reilly, all of Milwaukee, and oral argument by Franklyn M. Gimbel.

For the respondents there was a brief by Robert P. Russell, Milwaukee County Corporation Counsel, and Patrick J. Foster, Assistant Corporation Counsel, and oral argument by Mr. Foster.

HANLEY, J.

We note at the outset that the record does not show that the attorney general was served with a copy of the proceeding in this case. 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 is alleged to be unconstitutional, the attorney...

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