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RACH v. KLEIBER

No. 84-392.

123 Wis.2d 473 (1985)

367 N.W.2d 824

Michael RACH, Plaintiff-Appellant, v. William A. KLEIBER and Dale Klingbeil, Defendants-Respondents, REAL ESTATE ASSOCIATES OF PLYMOUTH, INC., and Era Real Estate Associates of Kiel, Wisconsin, Defendants.

Court of Appeals of Wisconsin.

Decided March 25, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there was a brief and oral argument by Patrick Dewane, Jr., of Dewane, Gregorski, Dewane & Kummer, of Manitowoc.

For the defendants-respondents, there were briefs and oral arguments by Phillip Kalchthaler, of Sheboygan, on behalf of Dale Klingbeil, and Ronald W. Damp, of Plymouth, on behalf of William A. Kleiber.

Amicus Curiae briefs were filed by Bronson C. La Follette, attorney general, and William C. Wolford, assistant attorney general, on behalf of the Department of Justice, and William Pharis Horton on behalf of the Wisconsin Realtors Association.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Michael Rach appeals from a judgment of the circuit court dismissing his complaint based on an order granting Kleiber's and Klingbeil's motions for summary judgment. Because reasonable alternative inferences may be drawn from the undisuted material facts, we conclude that summary judgment was not appropriate on every cause of action in this case. Accordingly, we reverse and remand for trial. However, because no issues of material facts exist as to Rach...

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