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COSTE v. CITY OF SUPERIOR

Civ. No. 1014.

231 F.Supp. 261 (1964)

Frederick V. COSTE and Jean Coste, Plaintiffs, v. CITY OF SUPERIOR, a Municipal Body Corporate, Defendant.

United States District Court W. D. Wisconsin.

July 16, 1964.

Attorney(s) appearing for the Case

J. L. Davis, Hughes, Anderson, Davis & Witkin, Superior, Wis., for plaintiffs.

Paul L. Witkin, Johnson, Fritschler, Barstow & Witkin, Superior, Wis., John C. Murphy, City Atty., City of Superior, Superior, Wis., for defendant.

RABINOVITZ, District Judge.

The matter before the Court is a motion for summary judgment brought under Rule 56, Federal Rules of Civil Procedure, on the ground that no genuine issue as to any material fact exists and that the complaint does not state a cause of action against the defendant.

The plaintiff, Jean Coste, was injured on December 29, 1961, when the toboggan upon which she was riding hit a bump on the Nemadji Hill toboggan slide, "causing the said...

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