EDLEBECK v. BARNES

No. 328.

63 Wis.2d 240 (1974)

216 N.W.2d 551

EDLEBECK, Respondent, v. BARNES and wife, Appellants.

Supreme Court of Wisconsin.

Decided April 12, 1974.


Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of D'Amato & Cusack of Waukesha, and for the respondent on the brief of deVries, Vlasak & Schallert of Milwaukee.


Submitted under sec. (Rule) 251.54 March 6, 1974.

BEILFUSS, J.

When the affidavits and pleadings reveal there are disputed issues of material fact a motion for summary judgment must be denied. When the trial court is of the opinion that there are or may be material disputed facts or conflicting permissible inferences can arise from undisputed facts and denies a motion for summary judgment on that ground, this court, in a vast majority of those cases, will...

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