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[WP]

Office of the Clerk

SUPREME COURT

110 E. MAIN STREET, SUITE 215

P.O. BOX 1688

MADISON, WISCONSIN 53701-1688

telephone (608) 266-1880

facsimile (608) 267-0640

November 23, 1999

To:

Hon. C. William Foust

Dane County Circuit Court

210 Martin Luther King, Jr. Blvd.

Madison, WI 53709

Judith A. Coleman

Dane County Clerk of Courts

Rm. GR-10, City-County Bldg.

210 Martin Luther King, Jr. Blvd.

Madison, WI 53709

Larry W. O'Brien

Assistant City Attorney

City County Bldg., #401

210 Martin Luther King, Jr. Blvd.

Madison, WI 53709

David C. Rice

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

John C. Talis

Shneidman & Myers

P.O. Box 2155

Madison, WI 53701-2155

Scott N. Herrick

Herrick, Kasdorf, Dymzarov & Vetzner

P.O. Box 169

Madison, WI 53701-0169

Curtis A. Witynski

League of Wisconsin Municipalities

202 State Street, #300

Madison, WI 53703-2215

[Decision No. 28920-D]

[NOTE: This document was re-keyed by WERC. Original pagination has been retained.]

You are hereby notified that the Court has entered the following order:

No. 99-0500 City of Madison v. WERC and IAFF Local 311 L.C.#98CV1397

A petition to bypass the court of appeals pursuant to sec. 808.05, Stats., having been filed on behalf of the petitioner-appellant, City of Madison, and considered by the court, and the court noting that all briefs on appeal have not yet been filed;

IT IS ORDERED the petition to bypass is dismissed as premature. Petitions to bypass are not considered until all briefing, including that of any intervenors, has been completed in the court of appeals. Sec. (Rule) 809.60(1), Stats. Under the circumstances of this case, that cannot occur until the review sought by the intervenor in this court is completed. The case having been stayed in the court of

No. 99-0500 City of Madison v. WERC and IAFF Local 311 L.C.#98CV1397

Page Two

November 23, 1999

appeals with briefing and the final identity of parties incomplete, bypass is not procedurally possible. Upon the resolution of the intervenor's petition, which will occur in due course, followed by the completion of briefing below, the petition to bypass may be resubmitted.

Marilyn L. Graves

Clerk of Supreme Court