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MACIOLEK v. MILWAUKEE EMPLOYES' RETIRE. SYS. ANNUITY

No. 04-1254.

280 Wis.2d 585 (2005)

2005 WI App 74

695 N.W.2d 875.

Agnes E. MACIOLEK, and Agnes E. Maciolek, Trustee Under the Gerald B. Maciolek and Agnes E. Maciolek Revocable Trust Dated January 21, 1997, Plaintiffs-Respondents, v. CITY OF MILWAUKEE EMPLOYES' RETIREMENT SYSTEM ANNUITY AND PENSION BOARD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 15, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Kathy L. Nusslock and Daniel J. Borowski of Davis & Kuelthau, S.C. of Milwaukee. There was oral argument by Kathy L. Nusslock.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of and oral argument by James J. Winiarski of Milwaukee.

Before Fine, Curley and Kessler, JJ.

¶ 1. KESSLER, J.

The City of Milwaukee Employes' Retirement System Annuity and Pension Board ("ERS") appeals from an order granting summary judgment in favor of Agnes E. Maciolek ("Agnes") personally and as Trustee of the Gerald B. Maciolek and Agnes E. Maciolek Revocable Trust dated January 21, 1997. At issue is not whether the Trust is entitled to $27,422.24 in benefits; all parties agree the Trust should be paid...

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