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STATE EX REL. MUNTWYLER v. H&SS DEPT.

No. 75-414.

72 Wis.2d 580 (1976)

241 N.W.2d 602

STATE EX REL. MUNTWYLER, Respondent, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, and another, Appellants.

Supreme Court of Wisconsin.

Decided May 14, 1976.

Attorney(s) appearing for the Case

For the appellants: James H. McDermott, assistant attorney general, and Edward F. Zappen, Jr., district attorney of Wood county.

For the respondent: Walter G. Wefel, Jr., of Wisconsin Rapids.

WILKIE, C. J.

The petitioner-respondent has made a motion to be restored to probationary status pending the determination of the state's appeal in this case. The motion presents the question whether this court may act, notwithstanding that the order of the trial court reversing a probation revocation order of the Department, is stayed under sec. 274.26, Stats., pending determination of the appeal. We conclude that we have...

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