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WEBSTER v. KLUG & SMITH

No. 75-827.

81 Wis.2d 334 (1978)

260 N.W.2d 686

WEBSTER, Plaintiff, v. KLUG & SMITH, and others, Defendants-Respondents: CITY OF MILWAUKEE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of James B. Brennan, city attorney, and Charles R. Theis, assistant city attorney.

For the respondents the cause was submitted on the brief of Robert L. Elliott and Cook & Franke, S.C. of Milwaukee.

BEILFUSS, C. J.

The case was submitted to the trial court upon a stipulation of facts. The stipulation is as follows:

"1. Defendant Klug and Smith, on behalf of First Federal Savings & Loan Association of Wisconsin, Inc., obtained a street permit from the City of Milwaukee effective February 21, 1972, a copy of which is attached hereto as Exhibit I and made a part hereof, to do work on the corner of North Broadway Avenue and East Wisconsin Avenue in the...

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