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STATE EX REL. SHEETS v. FAY

No. 335.

54 Wis.2d 642 (1972)

196 N.W.2d 651

STATE EX REL. SHEETS, Respondent, v. FAY, COUNTY CLERK OF RACINE COUNTY and another, Appellants.

Supreme Court of Wisconsin.

Decided May 2, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Charles H. Pehlivanian, assistant corporation counsel of Racine county, and oral argument by Dennis J. Flynn of Racine.

For the respondent there was a brief by Stewart, Peyton & Crawford of Racine, and oral argument by John Peyton.

ROBERT W. HANSEN, J.

The first question to be asked and answered is whether a family court commissioner is, for retirement purposes, an "employee" at all under the provisions of the Wisconsin retirement fund. If he is not, then he is neither entitled to a retirement allowance under the act nor bound by its mandatory retirement provisions. If he is such "employee" for such purpose under such act, he is entitled to a retirement allowance but cannot continue to serve...

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