SUPREME COURT OF WISCONSIN

Case No.: 97-3238-W

Complete Title

of Case:

State of Wisconsin ex rel. James D. Luedtke,

Petitioner,

v.

Daniel Bertrand,

Respondent-Petitioner.

ON REVIEW OF A DECISION OF THE COURT OF APPEALS

Reported at: 220 Wis. 2d 574, 583 N.W.2d 858

(Ct. App. 1998, Published)

Opinion Filed: May 28, 1999

Submitted on Briefs:

Oral Argument: April 8, 1999

Source of APPEAL

COURT: Circuit

COUNTY: Dane

JUDGE: Gerald C. Nichol

JUSTICES:

Concurred:

Dissented:

Not Participating: Wilcox, J., did not participate.

ATTORNEYS: For the respondent-petitioner the cause was argued by Jody J. Schmelzer, assistant attorney general, with whom on the briefs was Charles D. Hoornstra, assistant attorney general and James D. Doyle, attorney general.

For the petitioner there was a brief by Stephen M. Compton and Brennan, Steil, Basting & MacDougall, S.C., Janesville and oral argument by Stephen M. Compton.

	NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.
No. 97-3238-W STATE OF WISCONSIN :	IN SUPREME COURT
State of Wisconsin ex rel. James D. Luedtke, Petitioner, v. Daniel Bertrand, Respondent-Petitioner.	FILED MAY 28, 1999 Marilyn L. Graves Clerk of Supreme Court Madison, WI

REVIEW of a decision of the Court of Appeals. Affirmed.

¶1 PER CURIAM.   The court is equally divided on whether to affirm or reverse the published decision of the court of appeals, State ex rel. Luedtke v. Bertrand, 220 Wis. 2d 574, 583 N.W.2d 858 (Ct. App. 1998). Chief Justice Shirley S. Abrahamson and Justices Ann Walsh Bradley and David T. Prosser would affirm; Justices Donald W. Steinmetz, William A. Bablitch and N. Patrick Crooks would reverse. Justice Jon P. Wilcox withdrew from participation.

¶2 Accordingly, the decision of the court of appeals is affirmed.

By the Court.—The decision of the court of appeals is affirmed.