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HENNINGTON v. VALUCH

19 Wis.2d 260 (1963)

HENNINGTON, Plaintiff, v. VALUCH, Defendant and Appellant: CITY OF MILWAUKEE, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

March 5, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Stephen J. Hajduch of Milwaukee.

For the respondent there were briefs by John J. Fleming, city attorney, and Peter M. Stupar, assistant city attorney, attorneys, and Richard F. Maruszewski, assistant city attorney, of counsel, and oral argument by Mr. Stupar.

WILKIE, J.

The trial court sustained the city's demurrer for the reason that the defendant had not filed a claim against the city under sec. 62.25, Stats. 1961,1 and that this barred the defendant from bringing an action for contribution or indemnification against the impleaded municipality.

The city now concedes that this is not a valid reason for sustaining the demurrer.

In a recent federal case, Bosin v. Minneapolis...

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