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SHEELY v. DHSS

No. 87-2121.

145 Wis.2d 328 (1988)

426 N.W.2d 367

Linda SHEELY, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Appellant.

Court of Appeals of Wisconsin.

Decided May 26, 1988.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Jay C. Gitchel, Department of Health & Social Services.

For the petitioner-respondent the cause was submitted on the brief of Thomas L. Rhorer and Western Wisconsin Legal Services, of La Crosse.

Before Dykman, Eich and Sundby JJ.

DYKMAN, J.

The Department of Health and Social Services (DHSS) appeals from a judgment1 granting Linda Sheely's motion for costs and attorney fees under sec. 814.245(3) Stats.,2 Wisconsin's Equal Access to Justice Act. The issues are whether this was an action "by a state agency" within the meaning of sec. 814.245(3), whether sec. 814.245(3) allows costs and attorney...

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