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R. T. MADDEN, INC. v. ILHR DEPT.

No. 263.

43 Wis.2d 528 (1969)

169 N.W.2d 73

R. T. MADDEN, INC., Appellant, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided July 3, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Campbell, Brennan, Steil & Ryan, and oral argument by Mark L. Korb, all of Janesville.

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 Robert W. Warren, attorney general; concurred in by Philip L. Kapell of Madison, for respondent Dennis Manthe; Mr. Kapell also presented oral argument.

HEFFERNAN, J.

The power of this court to review the findings of fact made by the department is governed by statute and is limited in scope. Sec. 102.23 (1), Stats., provides:

"102.23 Judicial review. (1) The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive . . . . the court may confirm or set aside such order or award; and any judgment which may theretofore have been rendered thereon...

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