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BEANE v. CITY OF STURGEON BAY

No. 82-1325.

112 Wis.2d 609 (1983)

334 N.W.2d 235

Thomas W. BEANE and John J. Ditewig, Plaintiffs-Appellants, v. CITY OF STURGEON BAY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 1, 1983.

Attorney(s) appearing for the Case

For the appellants there were briefs by Albert H. Beaver, Sturgeon Bay, and oral argument by Suzanne Havens, Sturgeon Bay.

For the respondent there was a brief by Chester C. Stauffacher, city attorney, Sturgeon Bay, and oral argument by Mr. Stauffacher.

Amicus brief was filed by Richard V. Graylow and Lawton & Cates, Madison, for District Council No. 40, AFSCME, AFL-CIO.

Amicus brief was filed by Burt P. Natkins, legal counsel, Madison, for the League of Wisconsin Municipalities.

STEINMETZ, J.

The issue presented is whether as a matter of law the City of Sturgeon Bay complied with its statutory responsibility under sec. 895.46(1) (a), Stats.,1 to provide legal counsel to defend plaintiffs-police officers when they were sued civilly in federal court. A second issue is whether equitable estoppel is available to the plaintiffs under the circumstances of this case.

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