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CAROTHERS v. BAUER

23 Wis.2d 15 (1964)

CAROTHERS, by General Guardian, and others, Appellants, v. BAUER and others, Defendants: ROCHESTER DAIRY COOPERATIVE, Defendant and Respondent.

Supreme Court of Wisconsin.

March 3, 1964.

Attorney(s) appearing for the Case

For the appellants there were briefs by Wilcox & Sullivan of Eau Claire, and oral argument by Francis J. Wilcox.

For the respondent there was a brief by O'Brien, Ehrick & Wolf and F. J. O'Brien and Michael Berens, all of Rochester, Minnesota, attorneys, and Engelhard, Snodgrass & Goerdt of La Crosse of counsel, and oral argument by Richard V. Ehrick and Lawrence M. Engelhard.

DIETERICH, J.

The issues involved on the instant appeal are as follows:

(1) Whether the motion for summary judgment should have been denied for the reason that there are issues of fact present which require trial.

(2) Whether the trial court erred in determining that Komro was an independent contractor.

The affidavits reveal the following facts. In July, 1959, Komro purchased the truck which was involved in the collision from the estate of...

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