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GROSS v. MIDWEST SPEEDWAYS, INC.

No. 75-551.

81 Wis.2d 129 (1977)

260 N.W.2d 36

GROSS, Plaintiff-Respondent, v. MIDWEST SPEEDWAYS, INC., Defendant-Appellant: DENOW, and another, Defendants.

Supreme Court of Wisconsin.

Decided November 30, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by Ernest J. Philipp, Robert J. Philipp, Thomas L. Philipp and Otjen, Philipp & Van Ert, S. C. and oral argument by Ernest J. Philipp, all of Milwaukee.

For the respondent there was a brief by James J. Murphy and Habush, Gillick, Habush, Davis & Murphy, and oral argument by James J. Murphy, all of Milwaukee.

ROBERT W. HANSEN, J.

Of the various trial court rulings challenged on this appeal, the first is the trial court's denial of Midwest's motion for summary judgment. This motion was based on the decision of this court in the first appeal involving the same parties and the same claim.1 If the denial of the motion for summary judgment is before us on this appeal, the propriety of that denial is dispositive of this appeal. For if the trial court...

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