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F. ROSENBERG ELEVATOR CO. v. GOLL

18 Wis.2d 355 (1963)

F. ROSENBERG ELEVATOR COMPANY, INC., Appellant, v. GOLL, Respondent.

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Affeldt & Lichtsinn, and oral argument by Eldred Dede, all of Milwaukee.

For the respondent there was a brief by Adolph I. Mandelker and Bernstein, Wessel, Weitzen & Lewis, all of Milwaukee, and oral argument by Samuel Weitzen.

WILKIE, J.

This is a pleading-and-practice case. The circumstances presented undoubtedly raise issues on which the plaintiff should be entitled to its day in court. The sole issue is whether this is a proper case for declaratory relief under sec. 269.56, Stats.1 We are convinced that it is and that the demurrer to plaintiff's complaint therefore should have been overruled.

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