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BALCOM v. ROYAL INS. CO.

No. 6.

40 Wis.2d 351 (1968)

161 N.W.2d 918

BALCOM, by guardian ad litem, and another, Respondents, v. ROYAL INSURANCE COMPANY and others, Appellants.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland and Reginald W. Nelson, all of Milwaukee, and oral argument by Mr. Nelson.

For the respondents there was a brief by Karius, Kmiec & Kay and Marjan R. Kmiec, attorneys, and E. H. Snyder, guardian ad litem, all of Milwaukee, and oral argument by Marjan R. Kmiec.

HEFFERNAN, J.

The defendants on appeal ask this court to assume the truth of certain allegations in the complaint; however, an examination of their answer shows that they deny the truth of those same allegations.

In the introduction to their argument they ask the court to make the following assumptions: (1) That the defendant, State Sand & Gravel Company, was the owner of the truck involved in the accident; (2) that State Sand & Gravel's employee Hensiak...

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