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STATE EX REL. LEWANDOWSKI v. CALLAWAY

Nos. 81-1313, 82-1344.

118 Wis.2d 165 (1984)

346 N.W.2d 457

STATE of Wisconsin EX REL. Floyd W. LEWANDOWSKI, Petitioner-Appellant-Petitioner, v. Richard CALLAWAY, in his capacity as Attorney-Chairman of a formal panel of the Wisconsin Patient Compensation Panels, and Joseph D. Hill, in his capacity as director of Wisconsin Patient Compensation Panels, Respondents, Vernon GRIFFIN, M.D., and Hess Memorial Hospital, Intervenors-Respondents. Floyd W. LEWANDOWSKI, Plaintiff-Appellant-Petitioner, v. Vernon GRIFFIN, M.D., and Hess Memorial Hospital, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided April 12, 1984.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Daniel T. Flaherty, James P. Gokey, Ellen M. Frantz and Johns, Flaherty & Gillette, S.C., La Crosse, and oral argument by Brent Smith.

For the respondent, Vernon Griffin, M.D., there was a brief by Barbara L. Block and Boardman, Suhr, Curry & Field, Madison, and oral argument by Ms. Block.

For the respondent, Hess Memorial Hospital, there was a brief by Eugene O. Gehl, Bruce A. Schultz and Brynelson, Herrick, Gehl & Bucaida, Madison, and oral argument by Mr. Schultz.

WILLIAM A. BABLITCH, J.

Floyd Lewandowski seeks review of a decision denying him a writ of mandamus. The writ he sought would have compelled a Wisconsin Patients Compensation Panel to consider his motion to reopen his case and to review its order which dismissed his case before the panel. Because we conclude that Lewandowski has a statutory right to have the panel consider his motion to reopen his case, we reverse the court of appeals' decision and remand to the circuit...

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