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NORTHWESTERN N. C. CO. v. STATE A. & C. UNDER.

35 Wis.2d 237 (1967)

NORTHWESTERN NATIONAL CASUALTY COMPANY, Respondent, v. STATE AUTOMOBILE & CASUALTY UNDERWRITERS, Appellant.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Lawrence M. Engelhard of La Crosse.

For the respondent there was a brief by Johns, Pappas, Flaherty & Harman of La Crosse, and oral argument by Robert D. Johns.

HANLEY, J.

The defendant contends that the complaint is a demand for contribution and does not state facts sufficient to constitute a cause of action. The plaintiff contends that the complaint, based on subrogation, states a cause of action for unjust enrichment.

A complaint must be given a liberal construction in favor of stating a cause of action when tested by demurrer. Secs. 263.07 and 263.27, Stats.; Superior...

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