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MACIOLEK v. MERS

No. 2004AP1254.

288 Wis.2d 62 (2006)

2006 WI 10

709 N.W.2d 360

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-Petitioners, v. CITY OF MILWAUKEE EMPLOYES' RETIREMENT SYSTEM ANNUITY AND PENSION BOARD, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 31, 2006.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by James J. Winiarski and James Winiarski Law Office, Milwaukee, and oral argument by James J. Winiarski.

For the defendant-appellant there was a brief by Kathy L. Nusslock, Daniel J. Borowski, and Davis & Kuelthau, s.c., Milwaukee, and oral argument by Kathy L. Nusslock.

¶ 1. N. PATRICK CROOKS, J.

Agnes E. Maciolek (Maciolek) appeals a decision of the court of appeals,1 reversing the Milwaukee County Circuit Court grant of summary judgment in her favor. The issue before this court is whether the City of Milwaukee Employees' Retirement System Annuity and Pension Board (MERS) can require Maciolek to follow the procedures outlined in Wis. Stat. § 867.046...

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