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CORDS v. STATE

No. 187.

62 Wis.2d 42 (1974)

214 N.W.2d 405

CORDS and others, Appellants, v. STATE and another, Respondents.

Supreme Court of Wisconsin.

Decided February 5, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by Wickhem, Consigny, Sedor, Andrews & Hemming, S. C., of Janesville, attorneys, and Ray J. Aiken of Delafield, of counsel, and oral argument by Robert G. Krohn of Janesville, and Mr. Aiken.

For the respondents there was a brief by Robert W. Warren, attorney general, and Benjamin Southwick, assistant attorney general, and oral argument by Michael E. Perino, assistant attorney general.

WILKIE, J.

Four issues are raised in this appeal:

1. Have the defendants waived their right to assert sovereign immunity as a bar to this suit?

2. Can the state of Wisconsin or the Wisconsin department of natural resources be sued directly for injuries allegedly caused by the negligence of state employees?

3. Does the existing Wisconsin statutory pattern deny to the plaintiffs rights secured to them by the Wisconsin Constitution and the fourteenth...

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