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PAYNE v. BILCO CO.

No. 74.

54 Wis.2d 424 (1972)

195 N.W.2d 641

PAYNE, Plaintiff and Appellant, v. THE BILCO COMPANY, Defendant and Third-Party Plaintiff and Respondent: J. M. MITCHELL PRODUCTS COMPANY, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Charles M. Hanratty, attorney, and James A. Hanley of counsel, both of Milwaukee, and oral argument by Mr. Hanratty.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and John M. Swietlik of counsel, all of Milwaukee, and oral argument by Mr. Swietlik.

HEFFERMAN, J.

On this appeal, plaintiff contends that the trial court erred in refusing to allow him to amend his complaint to conform to the proof and to dismiss the action as to the defendants Permanent, Sommerville, and Skobis. It should be pointed out that plaintiff's oral motion to dismiss these three defendants was superfluous inasmuch as they had earlier been dismissed as parties by the court's order of October 14, 1970, after plaintiff had settled his claim...

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