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RUCHTI v. MONROE

No. 76-097.

83 Wis.2d 551 (1978)

266 N.W.2d 309

RUCHTI, Trustee of the Ruchti Trust, Plaintiff-Appellant, v. MONROE, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 6, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Edward E. Leineweber, and Kay, Gissen & Houser of Richland Center.

For the respondents the cause was submitted on the brief of James G. Robb, James J. Robb, and Robb Law Offices of Richland Center.

HANLEY, J.

The sole issue presented on this appeal is whether the trial court erred in granting the defendants' motion for summary judgment.

The plaintiff contends that the respondents failed to make a prima facie showing of entitlement to summary judgment. The plaintiff first argues that under the holding of Bino v. Hurley, 14 Wis.2d 101, 109 N.W.2d 544 (1961), if the maintenance of the road can be explained in...

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