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FREYER v. MUTUAL BENEFIT HEALTH & ACC. ASSO.

No. 138.

45 Wis.2d 106 (1969)

172 N.W.2d 338

FREYER, Plaintiff and Respondent, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION and another, Defendants: EISENBERG, Appellant.

Supreme Court of Wisconsin.

Decided December 2, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski.

For the respondent the cause was submitted on the brief of Gibbs, Roper & Fifield, attorneys, and John R. Hoaglund, Jr., of counsel, all of Milwaukee.

WILKIE, J.

A single issue is presented by this appeal. Should the trial court have recognized Attorney Eisenberg's prior claims against Freyer and ordered disbursements on these claims from the $2,750 settlement?

Sec. 256.36, Stats., provides:

"Lien on proceeds of action to enforce cause of action. Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to...

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