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IN RE CONSERVATORSHIP OF GRAMS

No. 105.

63 Wis.2d 194 (1974)

216 N.W.2d 889

IN RE CONSERVATORSHIP OF GRAMS: JOERS, Conservator, Appellant, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent.

Supreme Court of Wisconsin.

Decided April 12, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Stanley F. Hack of Milwaukee.

For the respondent Department of Health & Social Services the cause was argued by Dennis W. Kozich, assistant collection and deportation counsel, with whom on the brief were James R. Pleyte, collection and deportation counsel, Robert H. Kletzien, deputy collection and deportation counsel, and M. Q. Mooberry, assistant collection and deportation counsel.

HEFFERNAN, J.

The state Department of Health & Social Services has no right to recover on its claim for the period in question. It is undisputed that the defendant Grams is being held only pursuant to a pending criminal charge. There has been no appropriate civil commitment proceedings which would result in an obligation under sec. 46.10 (2), Stats., as claimed by the state.

We have carefully considered the cases upon which the state relies. They are ...

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