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STATE EX REL. THOMSON v. GIESSEL

267 Wis. 331 (1954)

STATE EX REL. THOMSON, Attorney General, Petitioner, vs. GIESSEL, Director of Budget and Accounts, Respondent. [Office Building Case.]

Supreme Court of Wisconsin.

July 28, 1954.

Attorney(s) appearing for the Case

For the petitioner there was a brief by the Attorney General and Stewart G. Honeck, deputy attorney general, and Warren H. Resh and Richard E. Barrett, assistant attorneys general, and oral argument by Mr. Resh and Mr. Honeck.

For the respondent there was a brief by Louis Quarles, special counsel, and Charles S. Quarles and Laurence E. Gooding, Jr., all of Milwaukee, and oral argument by Mr. Louis Quarles and Mr. Charles S. Quarles.

A brief amicus curiae was filed by Beggs & Lawton of Madison, for the Wisconsin State Employees Association, Wisconsin State Association of Firefighters, Wisconsin Paid Firemen's Association, and Wisconsin Council of County and Municipal Employees.

CURRIE, J.

While in the relief prayed for by the attorney general a peremptory writ of mandamus is sought to compel the respondent to honor the $974,499.40 voucher, we deem the prayer for a declaratory judgment on the questions raised of constitutionality to be determinative of all issues necessary to be considered by us. Such issues are as follows:

(1) Is the Wisconsin State Public Building Corporation an agency or instrumentality of the state or is it a...

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