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RAMSDEN v. HAWKINSON GAS SERVICE CO.

Nos. 304, 305.

63 Wis.2d 455 (1974)

217 N.W.2d 322

RAMSDEN and others, Respondents, v. HAWKINSON GAS SERVICE COMPANY, INC., and another, Defendants: MASTER TANK & WELDING COMPANY, INC., Appellant. HAMILTON and wife, Respondents, v. RAMSDEN and others, Defendants: MASTER TANK & WELDING COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

Decided May 7, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Genrich, Terwilliger, Wakeen, Piehler & Conway, S. C., of Wausau, and oral argument by Herbert Terwilliger.

For the respondents Ramsden General Contractors, Inc., and Fire Insurance Exchange there was a brief by Jenswold, Studt, Hanson, Clark & Kaufmann and Robert R. Studt, all of Madison, and oral argument for respondents Milton Ramsden and Fire Insurance Exchange by James C. Herrick and John F. Jenswold, both of Madison.

For defendants-respondents Hawkinson Gas Service Company, Inc., and Travelers Insurance Company there was a brief by Morgan L. Midthun and Crowns, Merklein, Midthun & Hill, all of Wisconsin Rapids, and oral argument by Morgan L. Midthun.

CONNOR T. HANSEN, J.

Summary judgment should not be granted unless the material facts are not in dispute, no competing inferences can arise, and the law that resolves the issue is clear and overrides any other issues either factual or legal which may appear. Fox v. Wand (1971), 50 Wis.2d 241, 184 N.W.2d 81.

When the trial court, in the exercise of its judicial discretion, is of...

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