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WM. H. HEINEMANN CREAMERIES v. MILW. AUTO. INS. CO.

270 Wis. 443 (1955)

WM. H. HEINEMANN CREAMERIES, INC., and another, Appellants, vs. MILWAUKEE AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

June 28, 1955.

Attorney(s) appearing for the Case

For the appellants there was a brief by Bendinger, Hayes & Kluwin, and oral argument by Donald J. Tikalsky, all of Milwaukee.

For the respondents there was a brief by McCue & Regan, attorneys, and John L. Schlatterer and Francis D. McCue of counsel, all of Milwaukee, and oral argument by Francis D. McCue.

CURRIE, J.

The following three issues are presented on this appeal:

(1) Was it error for the trial court to permit the defendants to file an amended answer on the day of trial, so as to set up additional defenses based upon the prior compromise settlement and the order dismissing the circuit court action?

(2) Is the order of dismissal of the circuit court action commenced by Tronca against Heinemann, in which Tronca was plaintiff and Heinemann defendant...

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