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FAZIO v. DEPARTMENT OF EMPLOYEE TRUST FUNDS

No. 01-2595.

255 Wis.2d 801 (2002)

2002 WI App 127

645 N.W.2d 618

Mary E. FAZIO, Plaintiff-Appellant, v. DEPARTMENT OF EMPLOYEE TRUST FUNDS and Eric O. Stanchfield, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 25, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert L. Elliott, Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Joely Urdan, assistant attorney general, and James E. Doyle, attorney general.

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

¶ 1. VERGERONT, P.J.

Mary Fazio appeals the order dismissing her complaint, which alleged that the retention of the death benefit due her by the Department of Employee Trust Funds (DETF) constituted unjust enrichment and a taking without just compensation contrary to Wis. CONST. art. I, § 13.1 The circuit court dismissed the complaint without prejudice upon concluding that Fazio had not exhausted the administrative remedies available...

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