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KELLNER v. CHRISTIAN

No. 93-1657.

197 Wis.2d 183 (1995)

539 N.W.2d 685

Jason E. KELLNER, Gary Kellner, and Marilyn Mae Carraway, Plaintiffs-Appellants-Petitioners, v. Richard CHRISTIAN, Beth Cox, and Karen Stoll, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 21, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by D.J. Weis and Habush, Habush, Davis & Rottier, S.C., Rhinelander and oral argument by D.J. Weis.

For the defendants-respondents the case was argued by John J. Glinski, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILLIAM A. BABLITCH, J.

The plaintiffs, Jason E. Kellner and his parents, Gary Kellner and Marilyn Mae Carraway, seek review of a judgment granting the defendants' (the State's) motion for judgment on the pleadings because their notices of claim were not sworn to as required by law, and hence, were defective. This court is asked to determine what specific actions a claimant must take in order to properly "swear to" a notice of claim under the applicable statute. Plaintiffs...

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