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DOTTAI v. ALTENBACH

19 Wis.2d 373 (1963)

DOTTAI, Respondent, v. ALTENBACH and others, Appellants.

Supreme Court of Wisconsin.

March 5, 1963.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Donald E. Koehn of Sheboygan Falls, attorney, and Ben E. Salinsky of Sheboygan of counsel.

For the respondent there was a brief and oral argument by Wayne W. Schlosser of Sheboygan.

HALLOWS, J.

The main thrust of the defendants' argument is the insufficiency of the counteraffidavit opposing their motion for summary judgment in that it contained conclusions of law, references to possible evidence the plaintiff hoped to produce at the trial, and no evidentiary facts. Before the weakness of the defense is considered this court must look to the strength of the attack. We pointed out in Hyland Hall & Co. v. Madison Gas & Electric Co.

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