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ASS'N OF STATE PROSECUTORS v. MILWAUKEE CTY

No. 93-3329.

199 Wis.2d 549 (1996)

544 N.W.2d 888

ASSOCIATION OF STATE PROSECUTORS, on behalf of its members and David A. Feiss, Petitioners-Respondents, v. MILWAUKEE COUNTY and the Milwaukee County Pension Board, Respondents-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided March 13, 1996.

Attorney(s) appearing for the Case

For the respondents-appellants-petitioners there were briefs Steven D. Huff, Anne Willis Reed, Bennett E. Choice, Dean E. Mabie, Thomas A. Cabush and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. and Timothy R. Schoewe, corporation counsel, all of Milwaukee and oral argument by Anne Willis Reed.

For the petitioners-respondents there was a brief from Timothy E. Hawks, Jeffrey P. Sweetland and Shneidman, Myers, Dowling Blumenfield, Milwaukee and oral argument by Jeffrey P. Sweetland.

Amicus curiae brief was filed by Michael R. Burton and Burton & Davis, Milwaukee for the Retired Employees of Milwaukee County.

Amicus curiae brief was filed by Alvin R. Ugent and Podell, Ugent & Cross, S.C., Milwaukee for the District Council 48, AFSCME, AFL-CIO.

Amicus curiae brief was filed by Bruce Meredith, Chris Galinat, counsel, Madison for the Wisconsin Education Association Council

WILLIAM A. BABLITCH, J.

Milwaukee County and the Milwaukee County Pension Board (Milwaukee County) challenge the constitutionality of legislation concerning the Milwaukee County Employee Retirement System (County Plan) and the Wisconsin Retirement System (State Plan). The purpose of the legislation is to produce a uniform statewide pension plan for prosecutors and to provide prosecutors with prior service credits for their Milwaukee County employment. Under the legislation...

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