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FIALA v. VOIGHT

No. 77-266.

93 Wis.2d 337 (1980)

286 N.W.2d 824

FIALA, Plaintiff-Respondent, v. VOIGHT, Individually and as Secretary of the Department of Natural Resources, and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided January 8, 1980.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Charles R. Larsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Kaftan, Kaftan, Kaftan, Kuehne, Van Egeren & Ostrow, S.C., and oral argument by Winston A. Ostrow, all of Green Bay.

COFFEY, J.

This is an appeal from an order of the Circuit Court for Kewaunee County overruling the state's demurrer to the plaintiff-respondent (hereinafter respondent), Loddie Fiala's, complaint alleging that wardens of the Department of Natural Resources unlawfully seized 24 boxes of trout and whitefish on June 14, 1975 from his truck in the City of Kewaunee. Fiala alleged that the taking of the fish constituted:

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