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PENSION MANAGEMENT, INC. v. DuROSE

No. 73.

58 Wis.2d 122 (1973)

205 N.W.2d 553

PENSION MANAGEMENT, INC., and another, Appellants, v. DUROSE, Commissioner of Insurance, Respondent.

Supreme Court of Wisconsin.

Decided April 9, 1973.

Attorney(s) appearing for the Case

For the appellants there were briefs by Cook & Franke, S. C., attorneys, and John J. Ottusch of counsel, all of Milwaukee, and oral argument by Mr. Ottusch.

For the respondent the cause was argued by John E. Armstrong, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

One issue is presented on this appeal: Did the trial court err in sustaining the state's demurrer to plaintiffs-appellants' cause of action for a declaratory judgment?

Plaintiffs-appellants contend the trial court erred in ruling that no justiciable controversy existed between the parties and that the controversy amounted to a mere difference of opinion for which a judicial decision would be only advisory.

Originating in preclassical Roman...

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