Legal Opinion

Darne v. State of Wisconsin

District Court, E.D. Wisconsin

Decided September 22, 1995No. 95-C-64 (JPS)PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

STADTMUELLER, Chief Judge.

ORDER

Ms. Darne has brought this action for declaratory, injunctive, and monetary relief from a state tax, authorized by sec. 71.83(l)(a)(6), Wis.Stat., 1 (“statute”) that she claims is in violation of, and therefor preempted by, the Employee Retirement Income Security Act (“ERISA”). Ms. Darne seeks preliminary and permanent injunctions to enjoin the State of Wisconsin (“State”), through its Department of Revenue (“Department”), Mr. Bugher, the secretary of the Wisconsin Department of Revenue (“Secretary”), and Mr. Gamber, from collecting taxes which…

2Cases cited27 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Hans v. LouisianaSupreme Court of the United States · 1890
  5. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985

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3Cited by2 opinions

  1. Chase Manhattan Bank, N.A. v. City & County Of San FranciscoCourt of Appeals for the Ninth Circuit · 1997
  2. Chase Manhattan Bank, N.A. v. City of San FranciscoCourt of Appeals for the Ninth Circuit · 1997

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