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SCHAEFER v. DUDARENKE

No. 76-717.

89 Wis.2d 483 (1979)

278 N.W.2d 844

SCHAEFER, Plaintiff-Respondent, v. DUDARENKE, d/b/a St. Kilian Cheese Factory, Defendant-Appellant: HILLER, Defendant.

Supreme Court of Wisconsin.

Decided May 30, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of William J. Hickmann, Elaine A. Shanebrook and Schloemer, Schlaefer, Alderson, Hickmann, Seefeldt & Spella, S. C., of West Bend.

For the respondent the cause was submitted on the brief of Thomas O'Meara, Jr. and O'Meara, O'Meara & Eckert of West Bend.

CONNOR T. HANSEN, J.

David Schaefer owned a hauling route for transporting milk from producers to the St. Kilian Cheese Factory. When Schaefer purchased the route in 1965, the producers were paying 10 cents per cwt. for having their milk hauled to the factory, and the factory was paying an additional 10 cents per cwt. for the hauling. The parties stipulated that Schaefer was an independent contractor. As is the custom in...

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