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STATE EX REL. CANNON v. MORAN

No. 81-420.

107 Wis.2d 669 (1982)

321 N.W.2d 550

STATE of Wisconsin EX REL. Robert C. CANNON, John A. Decker, Robert M. Curley, Leander J. Foley, Jr., Robert W. Landry, Hugh R. O'Connell and Christ T. Seraphim, Relators, and each in his own right, individually, Plaintiffs-Respondents, v. J. Denis MORAN, individually and in his official capacity as Director of State Courts, Gary Gates, individually and in his official capacity as Secretary of the Department of Employe Trust Funds; and Kenneth Lindner, individually and as Secretary of the Department of Administration (all of said administrative agencies being of the State of Wisconsin), Defendants-Appellants, ASSEMBLY COMMITTEE ON ORGANIZATION, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Decided May 25, 1982.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Frank J. Pelisek and Michael E. Hussman and Michael, Best & Friedrich of Milwaukee and oral argument by Frank J. Pelisek.

For the plaintiffs-respondents there was a brief by Stewart G. Honeck of Milwaukee, and oral argument by Stewart G. Honeck.

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

GARTZKE, P.J.

This is an appeal from a judgment declaring that ch. 38, Laws of 1979, is invalid as to plaintiffs because it impairs the retirement contract of each plaintiff and deprives each plaintiff of property without due process of law.1 The plaintiffs-respondents are judges, either of the Wisconsin Court of Appeals or the Circuit Court for Milwaukee...

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