NATIONAL LIBERTY LIFE INSURANCE COMPANY, Appellant,
v.
STATE, Respondent.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued January 3, 1974.
Decided February 25, 1974.
Attorney(s) appearing for the Case
For the appellant there were briefs by Robert K. Aberg and Aberg, Bell, Blake & Metzner, all of Madison, attorneys, and Morrison, Foerster, Holloway, Clinton & Clark of San Francisco, California, of counsel, and oral argument by Robert K. Aberg of Madison and Ervin N. Griswold of Washington, D. C.
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.
On Motion for Rehearing:
For the appellant a brief was filed by Robert K. Aberg and Aberg, Bell, Blake & Metzner, S. C., all of Madison, and Erwin N. Griswold and Reavis, Pogue, Neal & Rose, all of Washington, D. C., attorneys; and Franklin C. Latcham and Morrison, Foerster, Holloway, Clinton & Clark, all of San Francisco, California, and William A. Patty of Valley Forge, Pennsylvania, of counsel.
For the respondent a brief was filed by Robert W. Warren, attorney general, and John E. Armstrong, assistant attorney general.
A brief amicus curiae was filed by Donald J. Schuenke, Michael J. Jones and Steven E. Schmidt, all of Milwaukee, for the Northwestern Mutual Life Insurance Company.
A brief amicus curiae was filed by H. James Douds and William N. Albus, attorneys, and Roland L. Panneton of counsel, all of Washington, D. C., for The National Association of Life Underwriters and the Wisconsin Association of Life Underwriters.
Supreme Court of Wisconsin.
WILKIE, J.
Two controlling issues are presented on this appeal:
1. Does the application of sec. 201.42 (11) (a), Stats. 1969, to National constitute the taking of property without due process of law contrary to the guarantees of the fourteenth amendment to the United States Constitution?
2. If the state of Wisconsin can constitutionally apply a general revenue tax to the applicant, is sec. 201.42 (11) (a), Stats. 1969, nonetheless unconstitutional...
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