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STATE OF WISCONSIN EX REL. SEEHAWER v. SCHMIDT

No. 72-C-269.

363 F.Supp. 635 (1973)

STATE OF WISCONSIN ex rel. Garth R. SEEHAWER et al., Plaintiffs, v. Wilbur SCHMIDT, as Secretary of the Department of Health and Social Services, State Department of Health and Social Services, and the State of Wisconsin, Defendants.

United States District Court, E. D. Wisconsin.

Judgment Affirmed December 17, 1973.

Attorney(s) appearing for the Case

Dennis J. Flynn, Corporation Counsel, Racine, Wis., for plaintiff.

Robert W. Warren, Wisconsin Atty. Gen., by Ward L. Johnson, Madison, Wis., for defendant.

Before SWYGERT, Circuit Judge, TEHAN, Senior District Judge, and GORDON, District Judge.

Judgment Affirmed December 17, 1973. See 94 S.Ct. 832.

DECISION and ORDER

PER CURIAM.

The plaintiffs brought this action under 42 U.S.C. § 1983 claiming that § 49.52 of the Wisconsin statutes is in violation of the equal protection clause of the fourteenth amendment to the United States Constitution. They have now moved for a summary judgment declaring § 49.52 invalid and ordering revision of the policy embodied therein.

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