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KELLY v. MOHRHUSEN

No. 111.

50 Wis.2d 337 (1971)

184 N.W.2d 149

KELLY, Respondent, v. MOHRHUSEN, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Burton A. Strnad of Milwaukee.

For the respondent there was a brief by Ray T. McCann, attorney, and Leonard L. Loeb of counsel, both of Milwaukee, and oral argument by Mr. Loeb.

BEILFUSS, J.

The only issue is whether the complaint states facts sufficient to constitute a cause of action for the wrongful death of plaintiff's husband, John Paul Kelly.

The crucial allegations of the plaintiff-respondent's complaint, as amended, read as follows:

"5. That upon information and belief, prior to said meeting at approximately 7:15 a. m., [on May 5, 1969, at 11227 West Forest Home avenue, Franklin, Wisconsin], as the said John Paul Kelly...

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