STATE EX REL. STRYKOWSKI v. WILKIE

No. 76-596-OA.

81 Wis.2d 491 (1978)

261 N.W.2d 434

STATE EX REL. STRYKOWSKI, and others, Petitioners, v. WILKIE, Administrative Director of Courts, and others, Respondents.

Supreme Court of Wisconsin.

Decided January 3, 1978.


Attorney(s) appearing for the Case

For the petitioners there were briefs by Curtis M. Kirkhuff, Daniel A. Rottier, and Oldenburg, Lent & Kirkhuff, S. C., and oral argument by Curtis M. Kirkhuff, all of Madison.

For respondent, Edwin M. Wilkie, the cause was argued by John E. Armstrong, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For respondents, St. Clare Hospital and St. Mary's Hospital, there was a brief by Axley, Brynelson, Herrick & Gehl, and oral argument by Eugene Gehl all of Madison.

Amicus curiae briefs were filed by: John C. Carlson, Richard L. Cates and Lawton & Cates of Madison, for the Board of Governors of the Insurance Fund; by State Bar of Wisconsin for The Medical Malpractice Committee, State Bar of Wisconsin; by John A. Kluwin, Eric J. Van Vugt and Kluwin, Dunphy, Hankin & McNulty of Milwaukee, for the State Medical Society of Wisconsin; by John H. Lederer and DeWitt, McAndrews & Porter, S. C. of Madison, for the Wisconsin Hospital Association.


CONNOR T. HANSEN, J.

The petitioners, all alleged to have sustained damages as a result of medical malpractice, petitioned this court for a writ of certiorari. We granted leave to commence an original action.

The petitioners seek a declaration that Chapter 655, Stats., violates constitutional guarantees of equal protection and due process, constitutes an unlawful delegation of judicial authority, and impairs the...

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