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TOWN OF MADISON v. CITY OF MADISON

12 Wis.2d 100 (1960)

TOWN OF MADISON and another, Appellants, v. CITY OF MADISON, Respondent.

Supreme Court of Wisconsin.

November 29, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief by John G. Gerlach of Madison, for the town of Madison, Paul C. Gartzke of Madison, special counsel for the town of Madison, and Richard E. Gordon of Madison, for the town of Fitchburg, and oral argument by Mr. Gerlach and Mr. Gartzke.

For the respondent there was a brief by Harold E. Hanson, city attorney, and Orr, Isaksen, Werner & Lathrop, special counsel, and oral argument by Mr. Trayton L. Lathrop, Mr. Leon E. Isaksen, and Mr. Hanson.

HALLOWS, J.

At the time of the oral arguments, the respondents moved to dismiss the appeal on the ground that no notice of appeal had been served on two plaintiffs, the Clack Building Corporation and James C. Vitale. Sec. 274.11 (1), Stats. 1959, provides:

"An appeal is taken by serving a notice of appeal ... On appeals from a judgment the appellant shall serve the notice of appeal upon all parties bound by the judgment who have appeared in the action."

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