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STATE EX REL. MILWAUKEE COUNTY v. SCHMIDT

No. State 131.

50 Wis.2d 303 (1971)

184 N.W.2d 183

STATE EX REL. MILWAUKEE COUNTY, Petitioner, v. SCHMIDT, Secretary of Department of Health & Social Services, Respondent.

Supreme Court of Wisconsin.

Decided March 5, 1971.

Attorney(s) appearing for the Case

For the plaintiff (petitioner) there were briefs by Robert P. Russell, corporation counsel, and George E. Rice, deputy corporation counsel, attorneys, and Robert Mortensen of Madison, John D. Kaiser of Eau Claire, and Homer C. Mittelstadt, corporation counsel of Eau Claire county, of counsel, and oral argument by Mr. Rice.

For the defendant (respondent) the cause was argued by Ward L. Johnson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

The controversy arises because the defendant, Wilbur J. Schmidt, in his capacity as secretary of the department of H&SS (the defendant will be referred to as the department), has rejected all county claims, filed under sec. 49.04, Stats., for reimbursement for temporary assistance given after June 6, 1968, as general relief to state-at-large dependents. State-at-large dependents are persons who do not have...

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