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DURKIN v. BOARD OF POLICE & FIRE COMM.

No. 10.

48 Wis.2d 112 (1970)

180 N.W.2d 1

DURKIN, Respondent, v. BOARD OF POLICE & FIRE COMMISSIONERS FOR THE CITY OF MADISON, Appellant.

Supreme Court of Wisconsin.

Decided October 9, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Jasper, Winner, McCallum & Sauthoff and Donald R. McCallum, all of Madison, and oral argument by Harry Sauthoff, Jr.

For the respondent there was a brief by Lawton & Cates and John A. Lawton and John C. Carlson, all of Madison, and oral argument by Mr. Carlson.

CONNOR T. HANSEN, J.

This appeal presents three issues: (1) Can the circuit court, on motion and after its decision has been rendered, change the nature of the action from a petition for review of an order of the Police & Fire Commissioners to include a petition for writ of certiorari; (2) does a collective bargaining agreement between the City and the Union granting amnesty to firemen who participated in a strike abrogate the right of an elector to file a complaint...

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