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PITTS v. DEPARTMENT OF REVENUE FOR STATE OF WISCONSIN

No. 69-C-260.

333 F.Supp. 662 (1971)

Orville PITTS and Lawrence D'Attillio, individually and on behalf of all others similarly situated, Plaintiffs, v. DEPARTMENT OF REVENUE FOR the STATE OF WISCONSIN et al., Defendants.

United States District Court, E. D. Wisconsin.

October 19, 1971.

Attorney(s) appearing for the Case

Robert E. Sutton, Terrance Pitts, Milwaukee, Wis., for plaintiffs.

Robert Warren, Atty. Gen. for State of Wisconsin, Mary V. Bowman, Asst. Atty. Gen., for defendants.

Before CUMMINGS, Circuit Judge, REYNOLDS, Chief District Judge, and TEHAN, Senior District Judge.

OPINION

TEHAN, Senior District Judge.

In this action the plaintiffs challenge the constitutionality of § 70.11(4) and § 71.01(3) (a), Wis.Stats.,1 under the Fourteenth Amendment to the United States Constitution. More precisely, they contend that the State of Wisconsin's grant of tax exemptions to organizations which discriminate in their membership on the basis of race...

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