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YLEN v. MUTUAL SERVICE CASUALTY INS. CO.

263 Wis. 270 (1953)

YLEN and wife, Appellants, vs. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

March 3, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief by Raineri & Raineri of Hurley, Lehner & Lehner, Adolph P. Lehner, Howard N. Lehner, and Eugene E. Behling, all of Oconto Falls, and oral argument by Howard N. Lehner.

For the respondent there was a brief by Clarence V. Olson of Ashland, and Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by Lawrence E. Hart and by Arthur V. Biggs of Madison.

GEHL, J.

The facts here recited are undisputed. In fact, they appear from the affidavit of plaintiffs' attorney submitted in opposition to defendant's motion for summary judgment. It is therefore unnecessary for us to consider the question whether the affidavit of defendant's attorney is based solely upon hearsay and therefore inadequate to support its motion.

The action was commenced on January 8, 1952, by George and Hilia Ylen to recover damages sustained...

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