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P. C. MONDAY T. CO. v. MILWAUKEE CO. E. COMM.

24 Wis.2d 107 (1964)

P. C. MONDAY TEA COMPANY, Plaintiff: MONDAY, Appellant, v. MILWAUKEE COUNTY EXPRESSWAY COMMISSION, Defendant and Respondent: PETER P. WOBORIL, JR., and others, Impleaded Defendants and Respondents: UNITED STATES OF AMERICA, Intervenor.

Supreme Court of Wisconsin.

June 2, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Martin J. Torphy and E. Campion Kersten, both of Milwaukee, and oral argument by Mr. Kersten.

For the respondent there was a brief by Robert P. Russell, corporation counsel, and George E. Rice, first assistant corporation counsel, and oral argument by Mr. Rice.

BEILFUSS, J.

Issues.

1. Is an appeal from a condemnation award an assignable cause of action?

2. Assuming that Robert W. Monday is not the real party in interest, was it prejudicial error for the trial court to reduce the caption of the case so that only his name appeared thereon and to deny defendant the opportunity to identify the other interested parties?

3. Was the closing argument of...

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