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AKIN v. KEWASKUM COMMUNITY SCHOOLS

No. 512.

64 Wis.2d 154 (1974)

218 N.W.2d 494

AKIN and others, Appellants, v. KEWASKUM COMMUNITY SCHOOLS, JOINT SCHOOL DISTRICT No. 2, and others, Respondents.

Supreme Court of Wisconsin.

Decided June 17, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by Goldberg, Previant & Uelmen, attorneys, and Walter F. Kelly, of counsel, all of Milwaukee, and oral argument by Mr. Kelly.

For the respondents there was a brief by McKenna Law Office of Kewaskum, attorneys for respondents Kewaskum Community Schools, Joint School District No. 2, Thomas Gundrum, and Floyd Brenholt; Flanagan, Steinhilber & Chaney of Oshkosh, attorneys for respondent Thern Associates, Inc.; and Melli, Shiels, Walker & Pease, S. C., of Madison, attorneys for respondent Westra Construction, Inc.; and Aldwin H. Seefeldt and Schloemer, Schlaefer & Alderson, S. C., all of West Bend, of counsel; and oral argument by James K. Pease.

BEILFUSS, J.

Although the plaintiffs-appellants state this issue in a much more detailed manner, we believe the issue to be whether the trial court abused its discretion in refusing to grant the plaintiffs' motion for a temporary injunction.

This action has not been tried. The trial court had before it only the motion supported by extensive affidavits, the complaint and arguments of counsel. The issues, both factual and legal, must await a trial and should...

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