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RIPLEY v. BROWN

No. 86-2027.

143 Wis.2d 686 (1988)

422 N.W.2d 608

Rodney W. RIPLEY, Plaintiff-Appellant, v. John L. BROWN, Washburn County Clerk and Washburn County, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided April 26, 1988.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there was a brief by Jeffrey R. Kohler, district attorney, Shell Lake, and oral argument by Jeffrey R. Kohler.

For the plaintiff-appellant there was a brief and oral argument by Eugene D. Harrington, Spooner.

Amicus curiae briefs were filed by Margaret L. O'Donnell, assistant corporation counsel, with whom on the brief was Cal W. Kornstedt, Dane county corporation counsel; John K. O'Connell, Wisconsin Counties Association, Madison and Michael R. Fox, Rosemary J. Fox and Fox, Fox, Schaefer & Gingras, S.C., Madison.

HEFFERNAN, CHIEF JUSTICE.

This case comes to us by a petition of Washburn county and John L. Brown, the Washburn county clerk, to review a decision of the court of appeals.1 In that decision, the court of appeals reversed a summary judgment dismissing an action which sought to have a portion of sec. 59.12, Stats., declared unconstitutional. The appeal was taken from the judgment of the circuit court for Washburn county, Dennis C. Bailey...

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