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MILWAUKEE COUNTY v. SCHMIDT

38 Wis.2d 131 (1968)

MILWAUKEE COUNTY, Appellant, v. SCHMIDT, Director of Health & Social Services, Respondent.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert P. Russell, corporation counsel, and George E. Rice, deputy corporation counsel, and oral argument by Mr. Rice.

For the respondent the cause was argued by James H. McDermott, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Charles C. Lubcke, collection and deportation counsel, department of health and social services.

CONNOR T. HANSEN, J.

Milwaukee county, plaintiff-appellant, commenced litigation to recover certain moneys from the state of Wisconsin, through the director of the state department of public welfare (now Department of Health & Social Services). The plaintiff seeks to recover certain collection costs under sec. 46.10, Stats., which allocates liability for the maintenance of patients in specified institutions.

The trial court permitted the plaintiff to amend...

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