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BENSON v. GATES

No. 92-3225.

188 Wis.2d 389 (1994)

525 N.W.2d 278

Joyce BENSON, Arthur Budzak, Connie Cotter, Donald Duppler, Dave E. Genzmer, Paul Hallingstad, Mary Ann Kellman, Keith Larson, Helen Lawinger, Barbara J. Marten, Susan Mc Cord-Lehman, Yvonne R. Meyer, Rolf Mjaanes, Paul E. Olson, Arless Randall, Marjorie Reek, Delores Rinehart, Carla D. Wuebben, and the Class of Persons Similarly Situated, Plaintiffs-Appellants, v. Gary I. GATES, the Wisconsin Employe Trust Funds Board, and the Department of Employe Trust Funds, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 20, 1994.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Simon M. Karter of Wendel & Center of Madison, and orally argued by Simon M. Karter.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Warren M. Schmidt, assistant attorney general, and orally argued by Warren M. Schmidt.

Before Eich, C.J., Sundby and Anderson, JJ.

SUNDBY, J.

Plaintiffs-Appellants are active or retired Wisconsin public school teachers who seek "creditable service" under § 42.245(1), STATS., 1965, for Wisconsin teaching prior to September 11, 1965. Respondents are the Department of Employe Trust Funds, the Employe Trust Funds Board, and the secretary of the Department.1 The teachers are similarly situated to the successful plaintiff...

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