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O'DONNELL v. REIVITZ

No. 87-0092.

144 Wis.2d 717 (1988)

424 N.W.2d 733

William F. O'DONNELL, County Executive of Milwaukee County, in his capacity as County Executive and as a taxpayer of Milwaukee County, Wisconsin, and Francis X. McCormack, a taxpayer of Milwaukee County, Wisconsin, on their own behalf, and on behalf of all other taxpayers of Milwaukee County, Wisconsin, Plaintiffs-Appellants, v. Linda REIVITZ, Secretary, Department of Health & Social Services, The Department of Health & Social Services of the State of Wisconsin, Charles Smith, State Treasurer of the State of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 14, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Robert H. Friebert, Charles D. Clausen, Caren B. Goldberg, and S. Todd Farris, and Friebert, Finerty & St. John, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Donald P. Johns, assistant attorney general.

Before Gartzke, P.J., Eich and Sundby, JJ.

GARTZKE, P.J.

William F. O'Donnell and Francis X. McCormack appeal from a judgment dismissing their complaint for a declaration that sec. 46.26(4)(a), Stats., part of the Youth Aids statute, is unconstitutional.1 The defendants-respondents are the Department of Health and Social Services, the department's secretary and the state treasurer. O'Donnell and McCormack are Milwaukee county taxpayers...

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