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REDLIN v. UNION MUT. LIFE INS. CO.

No. 162.

56 Wis.2d 215 (1972)

201 N.W.2d 497

REDLIN, Respondent, v. UNION MUTUAL LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided October 31, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S.C., attorneys, and Richard C. Ninneman and Michael T. Hart of counsel, all of Milwaukee, and oral argument by Mr. Hart.

For the respondent there was a brief by Robert J. Urban, attorney, and Grodin & Strnad of counsel, all of Milwaukee, and oral argument by Burton A. Strnad.

HANLEY, J.

Three issues are raised on appeal:

(1) Was it error for the trial court to find the deposition testimony of appellant's only witness, Travers, to be incredible;

(2) Was the deceased covered for insurance purposes, even if it is found that notice of termination was given to him; and

(3) Is the defendant, Union, entitled to a new trial in the interest of justice by order of this court, pursuant to sec. 251.09, Stats.?

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