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BUTZLAFF v. VAN DER GEEST & SONS, INC.

No. 82-1507.

115 Wis.2d 535 (1983)

340 N.W.2d 742

Fred BUTZLAFF and Ruth Butzlaff, Plaintiffs-Appellants, v. VAN DER GEEST & SONS, INC., and Ralph Erdman, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 11, 1983.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Alan D. Eisenberg, S.C., of Milwaukee.

For the respondents the cause was submitted on the brief of Kelley, Weber & Pietz, S.C., and Richard J. Weber of Wausau.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Fred and Ruth Butzlaff appeal a judgment dismissing their complaint for damages incurred as a result of Ralph Erdman seizing their horses under ch 173, Stats.1 The Butzlaffs argue that their horses were seized pursuant to an unconstitutional statute and that they are entitled to actual and punitive damages as a result of the seizure. Because the Butzlaffs would not be entitled to damages...

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