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PICK INDUSTRIES, INC. v. GEBHARD-BERGHAMMER, INC.

264 Wis. 353 (1953)

PICK INDUSTRIES, INC., Respondent, vs. GEBHARD-BERGHAMMER, INC., Appellant.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Houghton, Neelen & Bullinger of Milwaukee, and Schloemer, Stoltz & Merriam of West Bend, and oral argument by C. J. Schloemer.

For the respondent there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Stephen M. O'Meara.

FRITZ, C. J.

The instant action for declaratory judgment was an outgrowth of the litigation before us in Pick Industries, Inc., v. Gebhard-Berghammer, Inc. (1952), 262 Wis. 498, 56 N.W.2d 97, 57 N.W.2d 519.

We have an unusual situation here of having this court in its original decision on the former appeal dated December 2, 1952, and in its subsequent memorandum decision...

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