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JACKSON v. EMPLOYE TRUST FUNDS BOARD

Nos. 98-3063, 97 CV 3190, 97 CV 3191

230 Wis.2d 677 (1999)

602 N.W.2d 543

Dale JACKSON, Special Administrator of the Estate of Agnes Jackson Holstein, Petitioner-Appellant, v. EMPLOYE TRUST FUNDS BOARD, Department of Employe Trust Funds, and Elizabeth Holstein Delgass, Respondents-Respondents. Keith SCHOFF, individually and in his capacity as Executor of the Estate of Gretchen Schoff, Plaintiff-Appellant, v. EMPLOYEE TRUST FUNDS BOARD, Department of Employe Trust Funds, Eric Stanchfield, in his capacity as Secretary of Employe Trust Funds Board, and Elizabeth Holstein Delgass, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 30, 1999.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant and plaintiff-appellant, the cause was submitted on the briefs of Waltraud A. Arts and Lauri Morris of Quarles & Brady LLP of Madison.

On behalf of the respondent-respondent/defendant-respondent, Elizabeth Holstein Delgass, the cause was submitted on the brief of Michael W. Wilcox of Stolper & Wilcox of Madison.

On behalf of the respondents-respondents/defendants-respondents, the cause was submitted on the brief of James Doyle, attorney general, with L. Jane Hamblen, assistant attorney general.

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

EICH, J.

This appeal involves challenges to two decisions of the Employe Trust Funds Board declaring Elizabeth Delgass to be entitled, as the sole surviving beneficiary, to Wisconsin Retirement System death benefits payable on the death of Delgass's sister, Gretchen Holstein Schoff. Both decisions were affirmed by the circuit court on certiorari review.

When Gretchen Schoff first joined the Wisconsin Retirement System in 1958, she was not yet married. She...

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