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HAZELTON v. PERSONNEL COMMISSION

No. 92-2569.

178 Wis.2d 776 (1993)

William K. HAZELTON, Petitioner-Respondent, v. STATE PERSONNEL COMMISSION, Respondent-Appellant, Wisconsin DEPARTMENT OF MILITARY AFFAIRS, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Decided August 11, 1993.

Attorney(s) appearing for the Case

On behalf of the intervenor-appellant, there were briefs and oral argument by James E. Doyle, attorney general and Bruce A. Olsen, assistant attorney general. Bruce A. Olsen argued.

On behalf of the petitioner-respondent, there was a brief and oral argument by Jacqueline Macaulay of Borns, Macaulay & Jacobson of Madison. Jacqueline Macaulay argued.

Before Anderson, P.J., Brown and Nettesheim, JJ.

ANDERSON, P.J.

The Wisconsin Department of Military Affairs appeals from an order of the circuit court reversing the decision of the State Personnel Commission. The commission held that congressional regulation of personnel criteria for the national guard preempts the application of Wisconsin's anti-discrimination law. We conclude that Congress' clear intent is to occupy the field of regulation of personnel criteria for national guard members. Under the principles...

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