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KING v. VILLAGE OF WAUNAKEE

No. 92-0551.

175 Wis.2d 300 (1993)

499 N.W.2d 237

Patricia Smith KING and Joseph J. King, Jr., Plaintiffs-Appellants, v. VILLAGE OF WAUNAKEE, a Wisconsin municipal corporation, Maureen O'Malley, Jeff Murphy, Dennis Sweno, Patrick Gile, Patrick Strickland, Paul Holmes and Suzanne Matiash, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 11, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was orally argued by and submitted of the briefs of Bronson C. LaFollette of Madison.

For the defendants-respondents the cause was orally argued by and submitted on the brief of Craig L. Parshall of Menomonee Falls; brief was also submitted by co-counsel, Richard Martin of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Patricia and Joseph King sued the Village of Waunakee, seeking to enjoin it from displaying a nativity scene in a village park during the Christmas holiday season. The circuit court granted the village's motion for summary judgment and dismissed the action. The Kings appeal.

The issues are whether the village's erection and maintenance of the display each winter violates the "Establishment of Religion...

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