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CONGRESS BAR & RESTR. v. TRANSAMERICA INS. CO.

No. 153.

42 Wis.2d 56 (1969)

165 N.W.2d 409

CONGRESS BAR & RESTAURANT, INC., Respondent, v. TRANSAMERICA INSURANCE COMPANY and others, Appellants.

Supreme Court of Wisconsin.

Decided March 7, 1969.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Kenneth M. Kenney.

For the respondent there was a brief by Ross, Stevens, Pick & Spohn, attorneys, and Frank A. Ross, Thomas D. Zilavy, and Richard C. Glesner of counsel, all of Madison, and oral argument by Mr. Zilavy.

WILKIE, J.

Fundamentally, appellants attack the trial court for both an error in law in determining that under the policies the respondent is given "a choice" to rebuild, repair, or replace the property damaged in the fire, and an error in its factual determination that a period of eleven months was "necessary for the plaintiff to rebuild and restore the damaged premises." These are two of the three issues presented on this appeal. The third, raised by respondent...

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