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MARTINO v. McDONALD'S CORP.

No. 80-085.

101 Wis.2d 612 (1981)

304 N.W.2d 780

Michael MARTINO and McDonald's Drive-In of Manitowoc, Inc., Plaintiffs-Respondents-Petitioners, v. McDONALD'S CORPORATION, successor in interest of McDonald's System, Inc., an Illinois corporation, and Franchise Realty Interstate Corporation, an Illinois corporation, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided April 29, 1981.

Attorney(s) appearing for the Case

For the petitioners there was a brief by Coughlin, Herrling, Swain & McCanna and oral argument by Dennis W. Herrling, all of Appleton.

For the defendants-appellants there was a brief by Paul H. Grimstad and Nash, Spindler, Dean & Grimstad of Manitowoc; Earl E. Pollock, Gary Senner, Louis C. Keiler and Sonnenscheim, Carlin, Nath & Rosenthal of Chicago, Illinois, Burton D. Cohen and Dianne DeGrange, of counsel, of Oak Brook, Illinois, with oral argument by Gary Senner of Chicago.

Affirming 98 Wis.2d 755, 300 N.W.2d 80.

STEINMETZ, J.

The circuit court for Outagamie county (Honorable R. THOMAS CANE) entered summary judgment in favor of plaintiffs-respondents-petitioners, Michael Martino and McDonald's Drive-In of Manitowoc, Inc. (Martino-McDonald's Drive-In). That court held as a matter of law that McDonald's Corporation, defendant-appellant, had failed to comply with sec. 135.04, Stats.,...

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