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LEDGES CONSTRUCTION CO. v. BUTLER

No. 187.

42 Wis.2d 227 (1969)

166 N.W.2d 202

LEDGES CONSTRUCTION COMPANY, Respondent, v. VILLAGE OF BUTLER, Appellant.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and Laurence C. Hammond, Jr., and William A. Stearns of counsel, all of Milwaukee, and oral argument by Mr. Stearns.

For the respondent there was a brief by Hippenmeyer, Reilly, Fritz & Arenz of Waukesha, and oral argument by Norman C. Fritz.

HANLEY, J.

The following issues are presented on this appeal:

(1) How many causes of action are stated in the complaint; and

(2) Is this a proper case for summary judgment?

The village contends on this appeal that its documentary evidence positively establishes that the plaintiff was not a party to contract "C." Since the plaintiff's claim was based on the contract, the action should be dismissed.

Plaintiff contends that the deposition...

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