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GIMBELS MIDWEST v. NORTHWESTERN NAT. INS. CO.

No. 622 (1974).

72 Wis.2d 84 (1976)

240 N.W.2d 140

GIMBELS MIDWEST, INC., Respondent, v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe of Milwaukee, and oral argument by Kenneth M. Kenney.

For the respondent there was a brief by John W. Emmerling and Edward D. Styles of Milwaukee, and oral argument by Mr. Emmerling.

BEILFUSS, J.

At the time the policy was issued and at the time of the fire, the land upon which the building was located was owned by the plaintiff, Gimbels Midwest, Inc. The building was operated and maintained by Miller Enterprises, an unincorporated association consisting of the heirs of one Ely Miller. In January 1927, Ely Miller entered into a forty-nine year lease of the property with Schuster Realty Company, Gimbel's predecessor in title and interest. The expiration...

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