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WTMJ, INC. v. SULLIVAN

No. 96-0053.

204 Wis.2d 452 (1996)

555 N.W.2d 140

WTMJ, INC. and Allen E. May, and Journal/Sentinel, Inc., Petitioners-Respondents-Cross Appellants, v. Michael J. SULLIVAN, Secretary of the Department of Corrections, Mark H. Bennett, District Attorney for Columbia County, Wisconsin, Respondents-Appellants-Cross Respondents.

Court of Appeals of Wisconsin.

Decided September 12, 1996.

Attorney(s) appearing for the Case

For the respondents-appellants-cross respondents the cause was submitted on the briefs of James E. Doyle, attorney general, and Alan Lee, assistant attorney general.

For the petitioners-respondents-cross appellants the cause was submitted on the briefs of David Lucey and Lisa M. Arent of Foley & Lardner of Milwaukee.

Before Dykman, P.J., Roggensack and Deininger, JJ.

DYKMAN, P.J.

This is an open records case. The State of Wisconsin appeals from a judgment awarding attorneys' fees to WTMJ. It also appeals from an order declining to reconsider that judgment. WTMJ cross-appeals from the order because the circuit court refused to require attorneys' fees paid of the motion for reconsideration. We conclude that the trial court reasonably found that WTMJ substantially prevailed in this case. WTMJ is therefore entitled to its

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