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MOSES v. BOARD OF VETERANS AFFAIRS

No. 77-027.

80 Wis.2d 411 (1977)

259 N.W.2d 102

MOSES, State ex rel. Moses, Petitioner-Appellant, v. BOARD OF VETERANS AFFAIRS, and another, Respondents.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Jack R. DeWitt, Robert D. Sundby, Jon P. Axelrod and DeWitt, McAndrews & Porter, S. C. and oral argument by Jack R. DeWitt, all of Madison.

For the respondents the cause was argued by David T. Flanagan, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

ROBERT W. HANSEN, J.

Most of the issues raised on this appeal deal with the manner of removal of the petitioner by the board of veterans affairs. But, before we can get to the HOW of the removal, we must first determine WHO had the right to remove him from the secretaryship. Certainly, in this case, although not in the dictionary, WHO comes before HOW. The threshold question is who had the statutory right and authority to remove the petitioner as secretary of veterans...

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