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ACHTOR v. PEWAUKEE LAKE SANITARY DIST.

No. 76-589.

88 Wis.2d 658 (1979)

277 N.W.2d 778

ACHTOR, and other unknown individuals similarly situated, Plaintiffs-Appellants, v. PEWAUKEE LAKE SANITARY DISTRICT, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 1, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of August E. Fabyan, Jr., and Haight & Fabyan of Hartland.

For the respondent the cause was submitted on the brief of James L. Steimel and Hunter, Tikalsky & Steimel of Waukesha.

HEFFERNAN, J.

This is an appeal from an order of the circuit court dismissing a complaint brought on behalf of certain unnamed individuals to contest a condemnation procedure on the grounds that the parties did not have the capacity to sue, were not united in interest, and did not constitute an identifiable class. The appeal attacks the rationale of the order, particularly the holding that the plaintiffs did not constitute an identifiable class.

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