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HERBST v. HANSEN

No. 198.

46 Wis.2d 697 (1970)

176 N.W.2d 380

HERBST, by Guardian ad litem, Respondent, v. HANSEN, Defendant: GENERAL CASUALTY COMPANY OF WISCONSIN, Appellant.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Edmund W. Powell of counsel, all of Milwaukee, and oral argument by Edmund W. Powell.

For the respondent there was a brief by Karius, Kmiec & Kay, attorneys, and Roger J. Karius of counsel, all of Milwaukee, and oral argument by Roger J. Karius.

BEILFUSS, J.

Did the trial court abuse its discretion in denying the motion for summary judgment on the basis there are material facts in dispute?

The discretionary nature of a trial court's authority in the area of summary judgment was discussed in Zimmer v. Daun (1968), 40 Wis.2d 627, 631, 162 N.W.2d 626:

"We think sec. 270.635, Stats., providing for summary...

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