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NORTHWEST CAPITAL CORP. v. KIMMEL

34 Wis.2d 25 (1967)

NORTHWEST CAPITAL CORPORATION, Appellant, v. KIMMEL, Respondent.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Reginald W. Nelson and Richard D. Silberman of counsel, all of Milwaukee, and oral argument by Mr. Silberman.

For the respondent there was a brief by Teper & Weiss of Milwaukee, and oral argument by Daniel J. Weiss.

HEFFERNAN, J.

The plaintiff, Northwest Capital Corporation, has appealed from the trial court's denial of its motion for summary judgment brought pursuant to sec. 270.636 (2), Stats.1 In the recent case of Skyline Construction, Inc., v. Sentry Realty, Inc. (1966), 31 Wis.2d 1, 4, 141 N.W.2d 909, we stated:

"`If the material facts are not in...

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