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LUHMAN v. EVERGREEN CEMETERY ASSO.

9 Wis.2d 479 (1960)

LUHMAN and another, Copartners, Respondents, v. EVERGREEN CEMETERY ASSOCIATION, Appellant.

Supreme Court of Wisconsin.

March 8, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs by Smith, Rogers & Smith of Fort Atkinson, and oral argument by William H. Rogers.

For the respondents there was a brief by Clifford & Fitzpatrick, attorneys, and William B. Clifford and James A. Fitzpatrick of counsel, all of Watertown, and oral argument by James A. Fitzpatrick.

A brief was filed by Ward Dunphy of Milwaukee, for the Wilbert Burial Vault Manufacturers as amicus curiae.

BROADFOOT, J.

The defendant is a Wisconsin cemetery association duly organized and existing under and by virtue of the laws of the state of Wisconsin, and particularly under the provisions of ch. 157, Stats., having its principal office and place of business in the city of Fort Atkinson. Plaintiffs are manufacturers of patented burial vaults that are sold through undertakers. These vaults they contract to deliver and install...

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