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PURE MILK PRODUCTS COOP. v. NFO

No. 461.

64 Wis.2d 241 (1974)

219 N.W.2d 564

PURE MILK PRODUCTS COOPERATIVE, and another, Respondents, v. NATIONAL FARMERS ORGANIZATION, and others, Appellants.

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., of Milwaukee, attorneys; Boardman, Suhr, Curry & Field of Madison, and Rowley & Scott of Washington, D. C., of counsel; and oral argument by Victor M. Harding and James A. Feddersen, both of Milwaukee.

For the respondents there was a brief by George M. St. Peter and St. Peter & Hauer, all of Fond du Lac, and Sidney Harris, Pamela M. Noland, Michael M. Eaton, and Arent, Fox, Kintner, Plotkin & Kahn, all of Washington, D. C., and oral argument by George M. St. Peter and Sidney Harris.

WILKIE, J.

We first consider the request for the substitution of judge. The issue is whether that request was timely under sec. 261.08, Stats. It was not.

Sec. 261.08 (1), Stats., provides:

"Any party to a civil action or proceeding may file a written request with the clerk of courts for a substitution of a new judge for the judge assigned to the trial of the case. The written request shall be filed on or...

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