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FAZIO v. DEPARTMENT OF EMPLOYEE TRUST FUNDS

No. 04-0064.

280 Wis.2d 837 (2005)

2005 WI App 87

696 N.W.2d 563

Mary E. FAZIO, Plaintiff-Respondent, v. DEPARTMENT OF EMPLOYEE TRUST FUNDS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 24, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of L. Jane Hamblen, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert L. Elliott of Law Offices of Robert L. Elliott, Milwaukee.

Before Deininger, P.J., Lundsten and Higginbotham, JJ.

¶ 1. DEININGER, P.J.

The Wisconsin Department of Employee Trust Funds appeals an order for judgment entered in favor of Mary Fazio and other beneficiaries of deceased participants in the Wisconsin Retirement System. The circuit court concluded that the department's failure, for lump sum death benefits paid to beneficiaries under WIS. STAT. § 40.73(1)(c) (2003-04),1 to include interest...

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