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OSHKOSH STUDENT ASSO. v. BOARD OF REGENTS

No. 78-348.

90 Wis.2d 79 (1979)

279 N.W.2d 740

OSHKOSH STUDENT ASSOCIATION, Plaintiff-Appellants, v. BOARD OF REGENTS OF UNIVERSITY OF WISCONSIN SYSTEM, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 18, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Curry First and Perry, First & Reiher, S.C. of Milwaukee.

For the respondents the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Leroy L. Dalton, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

This is an appeal from an order granting defendants' motion to dismiss plaintiffs' complaint. The circuit court found that the plaintiffs' complaint failed to state a claim upon which relief could be granted.

Section 36.09(5), Stats., enacted by ch. 355, Laws of 1973, provides:

The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor and the faculty shall be active...

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