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O'CONNELL v. BD. OF ED., JT. DIST. #10

No. 77-295.

82 Wis.2d 728 (1978)

264 N.W.2d 561

O'CONNELL, and others, Plaintiffs-Appellants: BLASIUS, and another, Plaintiffs, v. BOARD OF EDUCATION, JOINT DISTRICT #10 OF VILLAGE OF MUKWONAGO, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided April 5, 1978.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Leonard W. Schulz of Big Bend.

For the respondent there was a brief by Clayton A. Cramer, James W. Hammes, and Cramer, Multhauf & Curran of Waukesha, and oral argument by Mr. Hammes.

Amicus Curiae brief on behalf of Wisconsin Association of Wisconsin Association of School Boards, Inc., was filed by James F. Clark, Michael J. Julka, William L. Fahey, and Ela, Esch, Hart & Clark, of Madison.

HANLEY, J.

The plaintiffs present two issues on this appeal:

1. Does sec. 121.54(2), Stats., as applied to the facts of this case, deny the plaintiffs equal protection of the law as guaranteed by the 14th Amendment of the United States Constitution?

2. Does sec. 121.54(2), Stats., require reasonable uniformity with respect to the maximum distances students are provided publicly financed transportation?

We note, however, the presence of a threshold...

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