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FREW v. DUPONS CONSTRUCTION CO.

37 Wis.2d 676 (1968)

FREW and another, Plaintiffs and Respondents, v. DUPONS CONSTRUCTION COMPANY, INC., and another, Defendants and Respondents: CITY OF KENOSHA, Defendant and Appellant.

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief and oral argument by K. Thomas Savage, city attorney.

For the plaintiffs-respondents there was a brief by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Kenneth M. Kenney.

For the defendant-respondent Wisconsin Natural Gas Company there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane of Milwaukee, attorneys, and Heide, Sheldon, Hartley & Thom of Kenosha of counsel, and oral argument by John F. Zimmermann.

BEILFUSS, J.

This case comes before the court on denial of a motion for summary judgment. The standard rules governing inquiry on summary judgment are set forth in Hyland Hall Co. v. Madison Gas & Electric Co. (1950), 11 Wis.2d 238, 244, 245, 105 N.W.2d 305

"As has been said many times by this court, the inquiry on summary judgment is not to decide the questions of fact raised by the affidavits and other proof...

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