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SMITH REALTY CO., INC. v. ZIMMERMAN

No. 75-153.

75 Wis.2d 11 (1977)

248 N.W.2d 472

SMITH REALTY CO., INC., Plaintiff-Appellant, v. ZIMMERMAN and wife, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 6, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of William F. Scholl of Wauwatosa.

For the respondents the cause was submitted on the brief of John H. Stauber and Stauber, Dehn, Wynia & Kissinger, Lawyers, Chartered of Marshfield.

HANLEY, J.

The sole issue on this appeal is whether the trial court judge abused his discretion by denying the plaintiff's motion for summary judgment.

[1] The approach which this court takes when considering an appeal from the grant or denial of a motion for summary judgment has been well established. The appropriate statements of the court relating to this matter were well collected in Herbst v. Hansen, ...

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