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SLAWEK v. STROH

No. 313.

62 Wis.2d 295 (1974)

215 N.W.2d 9

SLAWEK, Appellant, v. STROH and others, Respondents.

Supreme Court of Wisconsin.

Decided February 25, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wheeler, Van Sickle, Day & Anderson of Madison, and oral argument by Norman C. Anderson.

For the adult respondent Crysta Stroh there was a brief by Tinkham, Smith, Bliss & Patterson of Wausau, and oral argument by Richard P. Tinkham.

For the infant respondent Crysta Stroh there was a brief and oral argument by her guardian ad litem Jerome P. Tlusty of Schofield.

BEILFUSS, J.

The issues presented both as to procedure and substantive law are quite complex. We turn first to the demurrer of the minor-defendant to the plaintiff-appellant's complaint "upon the grounds that the complaint does not state facts sufficient to constitute a cause of action for a declaratory judgment."

The complaint, as paraphrased in the plaintiff-appellant's brief, is as follows:

"It is alleged in the complaint that the appellant is a...

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