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STATE EX REL. SOLIE v. SCHMIDT

No. 629 (1974).

73 Wis.2d 76 (1976)

242 N.W.2d 244

STATE EX REL. SOLIE, Respondent, v. SCHMIDT, Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was argued by James H. Petersen, assistant attorney general, with whom on the brief were Victor A. Miller, attorney general, and James H. McDermott, assistant attorney general, and a reply brief by Bronson C. La Follette, attorney general, James H. Petersen and James H. McDermott, assistant attorneys general.

For the respondent there was a brief by Dennis P. Coffey and Coffey, Murray & Coffey, all of Milwaukee, and oral argument by Dennis P. Coffey.

DAY, J.

The order appealed from reversed an order of the Department of Health & Social Services (DHSS) revoking the probation of James W. Solie.

The first issue on this appeal is whether the trial court erred in finding that the department's revocation of Mr. Solie's probation was arbitrary and capricious. We conclude that the court did err and that its order should be reversed. The second issue is whether Mr...

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