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AFRAM v. BALFOUR, MACLAINE, INC.

No. 159.

63 Wis.2d 702 (1974)

218 N.W.2d 288

AFRAM, Respondent, v. BALFOUR, MACLAINE, INC., Appellant.

Supreme Court of Wisconsin.

Decided June 4, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by William A. Stearns and Quarles, Herriott, Clemons, Teschner & Noelke, all of Milwaukee, and oral argument by Mr. Stearns.

For the respondent there was a brief by Milton Shinken and Shinken & Shinken, all of Milwaukee, and oral argument by Milton Shinken.

HEFFERNAN, J.

Because the trial judge erroneously assigned the burden of proof to the defendant, and in addition failed to make any findings of fact, our review of the order is made more difficult.

The defendant at the outset of the trial on the jurisdictional question objected to the fact that it had the burden, both of persuasion and going forward with the evidence, placed upon it. In effect, it became the task...

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