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GRUNWALDT v. MODERN WRECKING CO.

18 Wis.2d 211 (1962)

GRUNWALDT, Plaintiff and Respondent, v. MODERN WRECKING COMPANY, Defendant: STATE HIGHWAY COMMISSION, Defendant and Appellant.

Supreme Court of Wisconsin.

November 27, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by John J. Fleming, city attorney of Milwaukee, and Ewald L. Moerke, Jr., and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Moerke and Mr. Odenbrett.

For the respondent the cause was submitted on the brief of Eisenberg & Kletzke, attorneys, and Edwin A. Star of counsel, all of Milwaukee.

FAIRCHILD, J.

On its motion for summary judgment, the commission sought a determination that the acquisition proceeding was valid and regular and vested title in the state.

There are three actions pending in the circuit court to which plaintiff and the commission are parties: The valuation action and the validity action are before Judge ROLLER.2a Although the trespass action was originally brought

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