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HINES v. RESNICK

No. 2011AP109.

807 N.W.2d 687 (2011)

2011 WI App 163

Melissa M. HINES and William Hines, Plaintiffs-Respondents, United States Department of the Army, Involuntary-Plaintiff, v. Daniel K. RESNICK, M.D., Kirkland W. Davis, M.D. and Richard Kijowski, M.D., Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed November 23, 2011.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of John J. Glinski , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Shawn R. Crain of End, Hierseman & Crain, LLC.

Before LUNDSTEN, P.J., HIGGINBOTHAM and BLANCHARD, JJ.

BLANCHARD, J.

¶ 1 The issue in this case is how to interpret the requirement in WIS. STAT. § 893.82(5) (2005-06)1 that a notice of claim against a state employee must be "served upon the attorney general at his or her office in the capitol by certified mail." The issue arises because, as it turns out, no matter how the sender addresses certified mail to the attorney general, the mail is not actually delivered to or received by...

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