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STATE EX REL. HARRIS v. ANNUITY & PENSION BOARD

No. 76-051.

87 Wis.2d 646 (1979)

275 N.W.2d 668

STATE EX REL. HARRIS, Appellant, v. ANNUITY & PENSION BOARD, EMPLOYEES' RETIREMENT SYSTEM OF CITY OF MILWAUKEE, and others, Respondents.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For appellant there were briefs by William E. McCarty and Charne, Glassner, Tehan, Clancy & Taitelman, S. C., and oral argument by Mr. McCarty, all of Milwaukee.

For the respondents the cause was argued by Joseph H. McGinn, principal assistant city attorney, with whom on the brief was James B. Brennan, city attorney.

HEFFERNAN, J.

This case was brought to the circuit court on writ of certiorari to review the findings of the Annuity and Pension Board of the Employees' Retirement System of the City of Milwaukee. The Board, after a hearing which lasted five days, denied Naomi Harris, the widow of Maurice D. Harris, M.D., the annuity which she sought.

Under the provisions of sec. 36.05 (5) of the Milwaukee City Charter, a widow of a city employee is entitled to a pension of...

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