Leon P. Szleszinski v. Labor & Industry Review Commission

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2007 WI 127 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2004AP3033 Estate of Leon P. Szleszinski, by its Special Administrator and Darlene Szleszinski, Petitioners-Appellants, v. Labor & Industry Review Commission, Respondent-Respondent, Midwest Coast Transport, Respondent-Respondent-Petitioner, Transhield Trucking and Transhield Leasing Company, Respondents. MOTION FOR RECONSIDERATION 2007 WI 106 Reported at: ___ Wis. 2d ___, 736 N.W.2d 111 OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 19, 2007 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: PROSSER and ROGGENSACK, JJ., dissent. ZIEGLER, J., did not participate. 2007 WI 127 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2004AP3033 (L.C. No. 2004CV30) STATE OF WISCONSIN : IN SUPREME COURT Estate of Leon P. Szleszinski, by its Special Administrator and Darlene Szleszinski, Petitioners-Appellants, v. Labor & Industry Review Commission, FILED Respondent-Respondent, OCT 19, 2007 Midwest Coast Transport, Respondent-Respondent-Petitioner, David R. Schanker Clerk of Supreme Court Transhield Trucking and Transhield Leasing Company, Respondents. MOTION for reconsideration. ¶1 PER CURIAM. Reconsideration denied. Midwest Coast Transport moves this court for reconsideration of its decision. ¶2 The motion is denied. The Estate of Leon P. Szleszinski moves this court to award it attorney fees and costs pre- and post-August 7, 2003, No. under the Wisconsin Fair Employment Act (WFEA). 2004AP3033 The court remands the issue of attorney fees and costs to the Labor and Industry Review Commission (LIRC). ¶3 Justices DAVID T. PROSSER and PATIENCE DRAKE ROGGENSACK dissent. ¶4 Justice ANNETTE KINGSLAND ZIEGLER did not participate. 2 No. 1 2004AP3033

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