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LECUS v. AMERICAN MUT. INS. CO. OF BOSTON

No. 75-676.

81 Wis.2d 183 (1977)

260 N.W.2d 241

LECUS, Appellant v. AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON, Respondent: FIREMEN'S FUND INSURANCE COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided December 13, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Jerome E. Randall of Milwaukee.

For the respondent the cause was submitted on the brief of Donald R. Peterson, Terry E. Johnson, and Borgelt, Powell, Peterson & Frauen, S. C. of Milwaukee.

BEILFUSS, C. J.

The overriding issue is whether there are disputed material facts or competing inferences in the record that entitle the plaintiff to a trial. We conclude there are and that summary judgment was not appropriate.

The accident occurred on July 14, 1972, in Winnebago county. The plaintiff, then Henny Barney, was a passenger in a 1963 Mercury. The automobile was owned by her but was being driven by Edward Lecus. Lecus and Barney were on their way...

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