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MILWAUKEE v. FIREMEN RELIEF ASSO.

34 Wis.2d 350 (1967)

CITY OF MILWAUKEE, Respondent, v. FIREMEN RELIEF ASSOCIATION OF THE CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and L. C. Hammond, Jr., and John S. Holbrook, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Holbrook.

For the respondent there was a brief by John J. Fleming, city attorney, and George A. Bowman, Jr., assistant city attorney, and oral argument by Mr. Bowman.

BEILFUSS, J.

The issues are as follows:

(1) When a cause of action is noticed or raised in the pleadings of a declaratory judgment action, is the statute of limitation tolled by those pleadings?

(2) Did the city's payment of the amount owing March 1, 1958, take all past claims out of the operation of the statute of limitations?

(3) Is the city's obligation under the 1885 law one of trust which takes the association's claims out of the operation...

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