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MADISON METROPOLITAN SEWERAGE DIST. v. DNR

No. 158.

66 Wis.2d 634 (1975)

IN RE PETITION OF MADISON METROPOLITAN SEWERAGE DISTRICT and others for attachment: MADISON METROPOLITAN SEWERAGE DISTRICT and others, Appellants, v. DEPARTMENT OF NATURAL RESOURCES and others, Respondents.

Supreme Court of Wisconsin.

Decided February 17, 1975.

Decided April 12, 1974.

Rehearing granted. Argued December 10, 1974.

Attorney(s) appearing for the Case

On motion for rehearing:

For the appellants there was a joint brief by Boardman, Suhr, Curry & Field; Axley, Brynelson, Herrick & Gehl; and DeWitt, MacAndrews & Porter, S. C., all of Madison; and oral argument by Richard L. Olson and Eugene O. Gehl, both of Madison.

For the respondents there was a joint brief by Edwin Conrad, city attorney, and Henry A. Gempeler, assistant city attorney, for respondent City of Madison; and by Richard A. Lehmann pro se and for respondent Capital Community Citizens Organization, all of Madison; and oral argument by Henry A. Gempeler and Richard A. Lehmann.

PER CURIAM (on motion for rehearing).1

The following memorandum was filed February 17, 1975:

The motion for rehearing is granted and the dissenting opinion of Mr. Justice ROBERT W. HANSEN, modified as indicated below, becomes the majority opinion of the court, joined in by Mr. Justice BRUCE F. BEILFUSS, Mr. Justice LEO B. HANLEY, and Mr. Justice CONNOR T. HANSEN. The previous majority...

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