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RETIRED TEACHERS ASS'N v. EMPLOYE TRUST FUNDS BD.

No. 94-0712.

207 Wis.2d 1 (1997)

558 N.W.2d 83

WISCONSIN RETIRED TEACHERS ASSOCIATION, INC., Conan S. Edwards, Donald G. McCloskey, Margaret McCabe, Martha M. Schmidt and Mary Grace Jeffery, Plaintiffs-Respondents-Cross Appellants-Cross Petitioners, WISCONSIN EDUCATION ASSOCIATION COUNCIL, by its President, James Blank, Richard Collins, David Camplin, Phillip Dowling and Michael Zemplinski, Individuals, Intervening Plaintiffs-Respondents-Cross Appellants-Cross Respondents, v. EMPLOYE TRUST FUNDS BOARD, Paul Adamski, David J. Anderson, Constance P. Beck, Gale Duschak, JoAnn Elder, Stephen Frankel, Vincent Graham, Marvin Grosskreutz, William F. Kienzle, Barbara A. Monroe, James R. Klauser, Secretary of the Wisconsin Department of Administration, Gary Gates, Secretary of the Department of Employe Trust Funds and State Engineering Association, by its Board of Directors, Bernard E. Kranz, Melvin B. Sensenbrenner, Robert W. Schaefer, Jerry A. Sieling, Roger A. Bohn, James A. Andreshak, Steven Noel, Ronald S. Hett, William E. Sheppard, Richard Feeney, James B. Rice, Robert S. Merila, Thomas F. Dobson, Richard M. Story, Nile A. Ostenso (who are also plaintiffs in their individual capacities), and Charles W. Newhouse, and the Association of Career Executives, and its President, James S. Thiel (who is also a plaintiff in his individual capacity), Plaintiffs-Respondents-Cross Appellants-Cross Petitioners, WISCONSIN EDUCATION ASSOCIATION COUNCIL, by its President, James Blank, Richard Collins, David Camplin, Philip Dowling and Michael Zemplinski, Individuals, Intervening Plaintiffs-Respondents-Cross Appellants-Cross Petitioners, v. EMPLOYE TRUST FUNDS BOARD, Paul Adamski, David J. Anderson, Constance P. Beck, Gale Duschak, JoAnn Elder, Stephen Frankel, Vincent Graham, Marvin Grosskreutz, William F. Kienzle, Barbara A. Monroe, James J. Murphy, Donald Smart, Mark Stone, Kenneth Stelzig, Curtis Thomas, Marilyn Wigdahl, The Department of Employe Trust Funds and its Secretary, Gary I. Gates, Defendants-Appellants-Cross Respondents, James R. KLAUSER, Secretary of the Wisconsin Department of Administration and Charles P. Smith, State Treasurer, Defendants-Co-Appellants-Cross Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided January 17, 1997. (Amended).

Attorney(s) appearing for the Case

For the defendants-co-appellants-cross respondents-petitioners there were briefs by Ann Ustad Smith, Arvid A. Sather and Michael, Best & Friedrich, Madison and oral argument by Ann Ustad Smith.

For the plaintiffs-respondents-cross appellants-cross petitioners there was a brief by William Haus and Michael E. Banks, Madison and oral argument by William Haus.

For the plaintiffs-respondents-cross appellants-cross petitioners there were briefs by John William Calhoun, John H. Bowers, Aaron N. Halstead and Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer, Madison.

For the defendants-appellants-cross respondents there was a brief by Thomas M. Pyper and Whyte, Hirschboeck, Dudek, S.C. and Peter L. Gardon and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., all of Madison and oral argument by Thomas Pyper.

For the intervening plaintiffs-respondents-cross appellants-cross petitioners there were briefs by Chris Galinat, Bruce Meredith, Anthony L. Sheehan and Wisconsin Education Association Council, Madison.

Amicus curiae brief was filed by Richard Thal, Margaret Becker and Cullen, Weston, Pines & Bach, Madison for the Wisconsin Professional Police Association.

¶ 1. ANN WALSH BRADLEY, J.

Defendants, James R. Klauser, Secretary of the Wisconsin Department of Administration, and Charles P. Smith, State Treasurer, seek review,1 and the plaintiffs, the State Engineering Association (SEA), the Wisconsin Retired Teachers Association (WRTA), and the Wisconsin Education Association Council (WEAC), seek cross-review, of a published decision of the court...

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