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MORGAN v. PENNSYLVANIA GENERAL INS. CO.

No. 76-542.

87 Wis.2d 723 (1979)

275 N.W.2d 660

MORGAN, Plaintiff-Appellant, v. PENNSYLVANIA GENERAL INSURANCE Co., and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Charles Saggio of Milwaukee.

For the respondents there was a brief by James P. O'Neill, Douglas J. Carroll and Arnold, Murray, O'Neill & Schimmel of Milwaukee, and oral argument by Mr. Carroll.

HEFFERNAN, J.

The appeal is from an order dismissing the plaintiff's complaint following a motion brought under sec. 802.06 (2) (f), Stats., to dismiss for failure to state a claim upon which relief can be granted.

Because this appeal is from an order granting defendants' motions to dismiss for failure to state a claim upon which relief can be granted, the only facts are those pleaded in the complaint. The action was commenced with the filing of the complaint...

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