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JAHNS v. MILWAUKE MUT. INS. CO.

37 Wis.2d 524 (1968)

JAHNS, by general guardian, Plaintiff and Respondent, v. MILWAUKE MUTUAL INSURANCE COMPANY and others, Defendant and Respondents: WESTERN CASUALTY & SURETY COMPANY and another,defendants and Appellants.

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Worthing, Schneider & Mickiewicz of Fond du Lac, and oral argument by Kenneth E. Worthing.

For the plaintiff-respondent there was a brief and oral argument by Eugene A. Bitters of Ripon.

For the defendant-respondent Martin H. Priebe there was a brief by William F. Hayes of Ripon, attorney, and William A. Ritchay of Milwaukee of counsel, and oral argument by Mr. Hayes.

CONNOR T. HANSEN, J.

The ultimate question to be determined on this appeal is whether appellants have sufficiently demonstrated that the relationship between Martin H. Priebe & Son and the Brooklyn Dairy, Inc., was that of an independent contractor so as to entitle them to summary judgment.

The rules under which this court approaches questions on summary judgments are well established. Skyline Construction, Inc., v. Sentry Realty, Inc. (1966), ...

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