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S & M ROTOGRAVURE SERVICE, INC. v. BAER

No. 75-315.

77 Wis.2d 454 (1977)

252 N.W.2d 913

S & M ROTOGRAVURE SERVICE, Plaintiff-Appellant, v. BAER, and another, Defendants: ARTHUR W. BAER, INC., Defendant-Respondent & Third-Party Plaintiff: D & R INVESTMENT CO., Third-Party Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 3, 1977.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Niebler & Niebler of Menomonee Falls.

For the defendant-respondent and third-party plaintiff the cause was submitted on the brief of Sam N. Lawent and Seymour Pikofsky of Milwaukee.

HANLEY, J.

Two issues are presented on appeal:

1. Does the second amended third-party complaint state facts sufficient to constitute a cause of action for a money judgment based upon unjust enrichment against D & R?

2. Did the trial court abuse its discretion in denying S & M's motion for summary judgment upon Baer's counterclaim?

Third-Party Complaint

[1]

The trial court concluded that the second...

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