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KREZINSKI v. HAY

No. 75-295.

77 Wis.2d 569 (1977)

253 N.W.2d 522

KREZINSKI, Plaintiff-Appellant, v. HAY, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 17, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Foley & Capwell, S. C. and oral argument by John Theiler Bode, all of Racine.

For the respondents there was a brief by C. James Heft and Heft, Dye, Heft & Paulson, and oral argument by C. James Heft, all of Racine.

DAY, J.

The question in this action for damages for personal injury is whether Judith A. Krezinski (plaintiff) presented sufficient facts in opposition to Izetta L. Hay's and Milwaukee Mutual Insurance Company's (defendants) motion for summary judgment based on a release, to raise a triable issue of fact as to whether such release executed by the plaintiff was the result of mutual mistake and hence voidable.

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