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HUCKSTORF v. VINCE L. SCHNEIDER ENTERPRISES

No. 15.

41 Wis.2d 45 (1968)

163 N.W.2d 190

HUCKSTORF, Appellant, v. VINCE L. SCHNEIDER ENTERPRISES, Respondent.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Habush, Gillick, Habush & Davis, and oral argument by James J. Murphy, all of Milwaukee.

For the respondent there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane, attorneys, and Jack R. Wiedabach of counsel, all of Milwaukee, and oral argument by Jack R. Wiedabach.

BEILFUSS, J.

The issues are: (1) Can the issue of a loaned employee be resolved by motion for summary judgment; and (2) was the crane operator a loaned or special employee of the general contractor.

The rule so often repeated it needs no citation is that if it appears there are any disputed facts material to the controlling legal issue or any permissible conflicting inferences from the undisputed facts material to the issue the matter should not be determined...

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