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MERCER v. CITY OF FOND DU LAC

No. 2009AP505.

780 N.W.2d 188 (2009)

2010 WI App 15

Benjamin W. MERCER, Plaintiff-Appellant, v. CITY OF FOND DU LAC, a Wisconsin Municipal Corporation, Sal Curcurio, in his Official Capacity as City Council Member, Mark Jurgella, in his Official Capacity as City Council Member, Lindee Kimball, in her Official Capacity as City Council Member, Steven Michels, in his Official Capacity as City Council Member, James Nagle, in his Official Capacity as City Council Member, Jim Sabel, in his Official Capacity as City Council Member, Michael Schmal, in his Official Capacity as City Council Member and Tom Ahrens, in his Official Capacity as Former City Manager, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 16, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven P. Sager of Sager, Colwin, Samuelsen & Associates, S.C., Fond du Lac.

On behalf of the defendants-respondents, the cause was submitted on the brief of Mark F. Yokom of Davis & Kuelthau, S.C., Oshkosh.

On behalf of the defendants-respondents, the cause was submitted on the brief of Raymond J. Pollen and Remzy D. Bitar of Crivello Carlson, S.C., Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and SNYDER, J.

¶ 1 SNYDER, J.

Benjamin W. Mercer appeals from a summary judgment in favor of the City of Fond du Lac, City Council members, and City Manager Tom Ahrens. Mercer contends that the circuit court should not have summarily disposed of his claims, which rested on his allegations of wrongful termination of his employment with the City. He asserts that the circuit court incorrectly concluded that he had resigned from his position. He also appeals from an order directing...

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