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STATE EX REL. DICKS v. EMPLOYE TRUST FUNDS BD.

No. 95-1661.

202 Wis.2d 703 (1996)

551 N.W.2d 845

STATE of Wisconsin EX REL. Kenneth W. DICKS, Petitioner-Respondent, v. EMPLOYE TRUST FUNDS BOARD, Respondent-Appellant, COOPERATIVE EDUCATION SERVICE AGENCY No. 10, Respondent.

Court of Appeals of Wisconsin.

Decided June 6, 1996.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the brief of James E. Doyle, attorney general, with Warren M. Schmidt, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of John C. Talis of Lawton & Cates, S.C. of Madison.

Before Gartzke, P.J., Dykman and Vergeront, JJ.

GARTZKE, P.J.

The Employee Trust Funds Board (Board) appeals from a circuit court order reversing the determination by the Department of Employe Trust Funds (Department) that Kenneth W. Dicks did not participate in the Wisconsin Retirement System (WRS) until January 1979. The court directed the Board to award Dicks participating employee status from an earlier date. The dispositive issue is whether, as the Board held, Dicks's claim to participation status before January...

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