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DEWEY v. DEMOS

No. 162.

48 Wis.2d 161 (1970)

179 N.W.2d 897

DEWEY and wife, Respondents, v. DEMOS, Appellant.

Supreme Court of Wisconsin.

Decided October 6, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Whaley & Whaley of Racine, and oral argument by John V. Whaley.

For the respondents there was a brief and oral argument by Oscar M. Edwards of Racine.

CONNOR T. HANSEN, J.

The issue on appeal is whether the trial court erred in granting respondents' motion for summary judgment. Respondents' motion was properly granted if it was supported by the affidavits of persons having knowledge of the facts, which set forth evidentiary facts establishing their cause of action, and if the affidavit of appellant in opposition to the motion failed to raise any issue of fact entitling him to a trial.1

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