Legal Opinion

Benson v. Gates

Court of Appeals of Wisconsin

Decided October 20, 1994No. 92-3225PublishedCited by 7 opinions

1Opinion of the CourtSundby, J.

Plaintiffs-Appellants are active or retired Wisconsin public school teachers who seek "creditable service" under § 42.245(1), Stats., 1965, for Wisconsin teaching prior to September 11, 1965. Respondents are the Department of Employe Trust Funds, the Employe Trust Funds Board, and the secretary of the Department. 1 The teachers are similarly situated to the successful plaintiff in Schmidt v. Wisconsin Employe Trust Funds Board, 153 Wis. 2d 35, 449 N.W.2d 268 (1990), with one important exception: if the Board's construction of § 40.08(10), Stats., 2 is correct, the teachers' claims are…

2Cases cited15 opinions

  1. Nodell Investment Corp. v. City of GlendaleWisconsin Supreme Court · 1977
  2. Wisconsin Collectors Asso. v. Thorp Finance Corp.Wisconsin Supreme Court · 1966
  3. State ex rel. O'Neil v. BliedWisconsin Supreme Court · 1925
  4. Castelaz v. City of MilwaukeeWisconsin Supreme Court · 1980
  5. Shaurette v. Capitol Erecting Co.Wisconsin Supreme Court · 1964

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3Cited by7 opinions

  1. State v. JohnsonCourt of Appeals of Wisconsin · 2008
  2. Fazio v. Department of Employee Trust FundsCourt of Appeals of Wisconsin · 2002
  3. Metz v. Veterinary Examining BoardCourt of Appeals of Wisconsin · 2007
  4. Tratz v. ZunkerCourt of Appeals of Wisconsin · 1996
  5. Baldwin v. Milwaukee Cnty.Court of Appeals of Wisconsin · 2018

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