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STATE EX REL. WARREN v. NUSBAUM

No. State 226.

55 Wis.2d 316 (1972)

198 N.W.2d 650

STATE EX REL. WARREN, Attorney General, Petitioner, v. NUSBAUM, Secretary, Department of Administration, Respondent.

Supreme Court of Wisconsin.

Decided July 7, 1972.

Attorney(s) appearing for the Case

For the respondent there were briefs by Charne, Glassner, Tehan, Clancy & Taitelman, S. C., all of Milwaukee, and oral argument by Irvin B. Charne.

A brief amicus curiae was filed for Americans United for Separation of Church and State, Milwaukee Chapter of Americans United, and P. O. P. S. (Preserve Our Public Schools) by Marshall E. Fredrich of Milwaukee, attorney, and Franklin C. Salisbury of Washington, D. C., of counsel.

A brief amicus curiae was filed for Marquette University by Foley & Lardner of Milwaukee.

A brief amicus curiae was filed for the Wisconsin State Dental Society by Michael, Best & Friedrich and Frank J. Pelisek and John K. MacIver, all of Milwaukee.

ROBERT W. HANSEN, J.

The statute challenged authorizes and the contract establishes a contractual relationship between the state and a church-related university for the providing of dental education in the state's only dental school. Does the relationship created violate either the first amendment to the United States Constitution,1 or art. I of the Wisconsin Constitution2

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