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CORDS v. EHLY

No. 186.

62 Wis.2d 31 (1974)

214 N.W.2d 432

CORDS and others, Respondents, v. EHLY and others, Appellants.

Supreme Court of Wisconsin.

Decided February 5, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by Robert W. Warren, attorney general, and Benjamin Southwick, assistant attorney general, and oral argument by Michael E. Perino, assistant attorney general.

For the respondents there was a brief by Wickhem, Consigny, Sedor, Andrews & Hemming, S. C., of Janesville, and oral argument by Robert G. Krohn of Janesville, and Ray J. Aiken of Delafield.

WILKIE, J.

Four issues are raised by this appeal from the lower court's order refusing to sustain defendants' demurrer:

1. Did the trial court err in holding that sec. 29.68, Stats., was not a bar to this suit?

2. Did the trial court err in concluding that the suit was not an action against the state?

3. Should the demurrer have been granted because the duty which was owed to the plaintiffs, if any, lies not with the defendants but with the...

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