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WIS. AREA H&W FUND v. HON. WALTER H. CATE

No. 65 (1974).

71 Wis.2d 375 (1976)

238 N.W.2d 107

WISCONSIN AREA HEALTH & WELFARE FUND, a Wisconsin trust, and others, Petitioners-Appellants, v. HON. WALTER H. CATE, County Judge in and for Ashland County, Respondent.

Supreme Court of Wisconsin.

Decided February 10, 1976.

Attorney(s) appearing for the Case

For the petitioners-appellants there was a brief by E.H. Snyder of Milwaukee.

For the respondent there was a brief by Pray, Pray & Clark of Ashland.

WILKIE, C. J.

The sole issue on this appeal is whether the circuit court for Ashland county was obligated to grant the application of the Wisconsin Area Health & Welfare Fund, the petitioner-appellant, for an alternative writ of mandamus dismissing an action commenced by Dr. Glenn E. Grage against the Fund in the county court of Ashland county, Small Claims Branch. We hold that it was not.

On July 24, 1970, Dr. Grage, Ashland, Wisconsin, commenced a small...

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