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EAU CLAIRE LEADER-TELEGRAM v. BARRETT

No. 88-0601.

146 Wis.2d 647 (1988)

431 N.W.2d 741

EAU CLAIRE LEADER-TELEGRAM, Plaintiff-Appellant, v. Eleanor C. BARRETT, Clerk of Court of Eau Claire County, Circuit Court of Eau Claire County, Hon. Roderick A. Cameron, Presiding, Defendant-Respondents.

Court of Appeals of Wisconsin.

Decided September 27, 1988.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs submitted by Linda M. Clifford and Eugenia G. Carter of La Follette & Sinykin of Madison.

For defendant-respondent, Eleanor C. Barrett, there was a brief by Keith R. Zehms, corporation counsel of Eau Claire.

For respondents there was a brief by Donald J. Hanaway, attorney general, and Robert W. Larsen, assistant attorney general of the Wisconsin Department of Justice of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The Eau Claire Leader-Telegram appeals an order denying attorney fees that it sought pursuant to sec. 19.37(2), Stats. This statute allows fees and costs in mandamus actions that succeed in disclosing public records. The trial court concluded that it lacked jurisdiction to enter a mandamus action against another trial judge and therefore it also had no authority to award the recovery of costs and fees. We agree with this conclusion and therefore affirm...

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