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HILBERT v. ILHR DEPARTMENT

No. 29.

40 Wis.2d 598 (1968)

162 N.W.2d 596

VILLAGE OF HILBERT and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided November 26, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent Donald Richart there was a brief by Bonk, Lutz & Hertel of Chilton, and oral argument by Robert W. Lutz.

CONNOR T. HANSEN, J.

Donald Richart (hereinafter referred to as applicant), then age thirty-five, sustained injuries on July 25, 1965. He was a member of the village of Hilbert Volunteer Fire Department, a separate legal entity organized under ch. 213 of the Statutes.

The accident occurred when applicant and several other members of the fire department were returning from a centennial parade in Kaukauna. The members were riding on a fire truck owned by the...

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