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CHART v. GUTMANN

No. 145.

44 Wis.2d 421 (1969)

171 N.W.2d 331

CHART, by Guardian ad litem, and another, Appellants, v. GUTMANN, by Guardian ad litem, and others, Defendants: STATE, Respondent.

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by Curtis M. Kirkhuff of Madison, attorney, and Richard E. Sommer of Rhinelander, guardian ad litem, and oral argument by Mr. Kirkhuff.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

The question involved in this appeal as agreed to by the parties is: Whether or not a tort claimant who has exhausted the statutory-claims procedure and in addition has introduced appropriate legislation in the state legislature to appropriate compensation for injuries received, which legislation subsequently failed to pass said state legislature, may then commence suit in a circuit court in this state for the recovery of money damages against the state...

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