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DON GANSER & ASSOS., INC., v. MHI, INC.

31 Wis.2d 212 (1966)

DON GANSER & ASSOCIATES, INC., Plaintiff, v. MHI, INC., and another, Defendants and Appellants: CARMEN CONSTRUCTION COMPANY, INC., Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Howard E. Halaska of Elm Grove, attorney, and David L. Walther of Milwaukee of counsel.

For the respondent there was a brief and oral argument by Richard L. Novotny of Milwaukee.

BEILFUSS, J.

The second amended cross complaint contains substantially the same allegations as the amended cross complaint. This being so the trial court was of the opinion that the order overruling the demurrer to the first amended cross complaint was res judicata as to the demurrer to the second amended cross complaint. The respondent, Carmen, concedes that the order sustaining a demurrer is not res judicata...

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