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FIREMEN'S ANNUITY AND BENEFIT FUND v. KRUEGER

24 Wis.2d 200 (1964)

FIREMEN'S ANNUITY AND BENEFIT FUND OF MILWAUKEE and another, Respondents, v. KRUEGER, Treasurer, and another, Appellants.

Supreme Court of Wisconsin.

June 2, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by John J. Fleming, city attorney, and Cornelius J. Merten, assistant city attorney, and oral argument by Mr. Merten.

For the respondents there was a brief by Habush, Gillick & Habush, attorneys, and Robert L. Habush and Howard A. Davis of counsel, all of Milwaukee, and oral argument by Robert L. Habush.

WILKIE, J.

One issue is determinative of this appeal. It is: Are the appellants barred from seeking a review in this mandamus action, and in any subsequent proceeding, of any substantive issues that they could have raised relating to Mrs. Balestrieri's claim in an appeal which they could have taken in the form of certiorari or otherwise from the board to the circuit court?

The board entered its findings in December of 1961 and ordered payments to be made to...

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