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STATE EX REL. LEWIS v. LUTHERAN SOCIAL SERVICES

No. State 12.

59 Wis.2d 1 (1973)

207 N.W.2d 826

STATE EX REL. LEWIS, and another, Petitioners, v. LUTHERAN SOCIAL SERVICES OF WISCONSIN AND UPPER MICHIGAN, Respondent.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For petitioner Jerry D. Rothstein there were briefs by William G. Rice of Madison, and Robert C. Burrell and Borgelt, Powell, Peterson & Frauen, all of Milwaukee; and oral argument by Mr. Rice and Mr. Burrell.

For petitioner John Thomas Lewis there was a brief and oral argument by Bruce C. O'Neill of Milwaukee, guardian ad litem for John Thomas Lewis.

For the respondents there was a brief by Hamilton & Mueller of Dodgeville, attorneys for the adoptive parents; a brief by Ralph von Briesen of Milwaukee, attorney for Lutheran Social Services of Wisconsin and Upper Michigan, and Stephen W. Hayes and von Briesen, Redmond, Schilling & Kreunen of counsel, all of Milwaukee; and oral argument by Frank D. Hamilton and Ralph von Briesen.

No. State 12 (August Term, 1970).

HALLOWS, C. J.

Perhaps the most important determination to be made is the effect of Stanley v. Illinois upon this case. In Stanley, the supreme court struck down an Illinois law which made children of unwed fathers wards of the state. Mr. Stanley had lived with a woman not his wife intermittently for some eighteen years, during which time they had three children.2 Upon the woman's...

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