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KAVON ENTERPRISES v. AMERICAN UNIVERSAL INS. CO.

No. 75-18.

74 Wis.2d 53 (1976)

245 N.W.2d 695

KAVON ENTERPRISES, INC., Appellant, v. AMERICAN UNIVERSAL INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

October 5, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Alvin Richman, attorney, and Roger Pettit, of counsel, both of Milwaukee.

For the respondent the cause was submitted on the brief of Terrance E. Davczyk and Kasdorf, Dall, Lewis & Swietlik of Milwaukee.

ROBERT W. HANSEN, J.

Initially the trial court denied defendant's motion for summary judgment on the ground that the question of estoppel raised a material issue which could best be resolved at trial. Subsequent to such pronouncement and during the hearing on the motion, defendant claimed it was entitled to summary judgment despite the existence of a question of estoppel because as is admitted, plaintiff filed no affidavits...

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