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TULLY v. FRED OLSON MOTOR SERVICE CO.

37 Wis.2d 80 (1967)

TULLY, Appellant, v. FRED OLSON MOTOR SERVICE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

November 28, 1967.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Bernstein, Wessel & Lewis and John H. Wessel, all of Milwaukee, and oral argument by John H. Wessel.

For the defendant-respondent Fred Olson Motor Service Company there was a brief by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and L. C. Hammond, Jr., and John S. Holbrook, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Holbrook.

For the defendant-respondent Chauffeurs, Teamsters & Helpers "General" Local No. 200 there was a brief by Goldberg, Previant & Uelmen, and oral argument by Gerry M. Miller, all of Milwaukee.

HANLEY, J.

The principal issue before us on this appeal is whether the defendants, Olson and the union, are entitled to summary judgment based upon the affidavits submitted.

The first step in reviewing a summary judgment case is to determine whether the affidavits in support of the motion make out a prima facie case for summary judgment. Peterson v. Maul (1966), 32 Wis.2d 374, 145 N.W.2d 699; Leszczynski v. Surges...

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