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PROVIDENCE CATHOLIC SCHOOL v. BRISTOL SCHOOL DIST.

No. 98-3390.

231 Wis.2d 159 (1999)

605 N.W.2d 238

PROVIDENCE CATHOLIC SCHOOL, Anthony Kordecki, Philip and Heidi Sturycz, Volinda Snell, Douglas and Mary Ann Barnett, Wayne and Margaret Schultz, William and Patricia Collins, James Mc Cormick and Gary and Debra Klaben, Plaintiffs-Appellants-Cross-Respondents, v. BRISTOL SCHOOL DISTRICT NO. 1, Burlington Area School District, Kansasville School District No. 1, Dover, Salem Grade School Joint District No. 2, Wheatland Center School District, Kenosha Unified School District No. 1, Westosha Central High School, Union Grove Grade School Joint District No. 1 and Paris Consolidated School Joint School District No. 1, Defendants-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Decided October 20, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of Alex Flynn of Alex Flynn & Associates of Milwaukee.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the briefs of Kathy L. Nusslock and Mary L. Hubacher of Davis & Kuelthau, S.C. of Milwaukee.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. ANDERSON, J.

This appeal concerns who will physically transport private schoolchildren to their school. The public school districts opt to fulfill their statutory duty to provide private schoolchildren transportation to school by contractually assigning this duty to the private schoolchildren's parents or guardians. To the contrary, the private school wants the public school districts to bus the schoolchildren and not assign this duty to the private schoolchildren...

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