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ARMES v. KENOSHA COUNTY

No. 75-765.

81 Wis.2d 309 (1977)

260 N.W.2d 515

ARMES, Appellant, v. KENOSHA COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided December 13, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Charlton, Welcenbach & Stanich and oral argument by Joseph J. Welcenbach, all of Milwaukee.

For respondent there was a brief by Joseph Salituro, corporation counsel, and oral argument by Frank Volpintesta, acting corporation counsel for Kenosha county.

ABRAHAMSON, J.

The principal issue on appeal is whether under sec. 59.76, Stats.1 a claimant may commence an action against the county more than six months after the actual disallowance of the claim by the county board but within six months after the adjournment of the next annual session of the county board after the claim was filed. The trial court sustained a demurrer to the complaint on the ground that the amended complaint did not...

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