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MAJERUS v. MILWAUKEE COUNTY

No. 316.

39 Wis.2d 311 (1968)

159 N.W.2d 86

MAJERUS, Respondent, v. MILWAUKEE COUNTY and another, Defendants: WISCONSIN STATE ARMORY BOARD, Appellant.

Supreme Court of Wisconsin.

Decided June 4, 1968.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Benjamin Southwick, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and John E. Armstrong, assistant attorney general.

For the respondent there was a brief by Peregrine, Schimenz, Marcuvitz & Cameron and Hugh R. Braun, all of Milwaukee, and oral argument by Mr. Braun.

HALLOWS, C. J.

The two questions presented on this appeal are: (1) Whether the Wisconsin State Armory Board is an independent body politic and corporate outside the protection of sovereign immunity, and (2) whether the complaint is defective for failure to allege compliance with sec. 895.43, Stats.

Sovereign Immunity.

It is contended by the Armory Board that it is merely an administrative arm of the state and as such is entitled to sovereign...

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