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LAWLIS v. THOMPSON

No. 85-1386.

137 Wis.2d 490 (1987)

405 N.W.2d 317

Cathy K. LAWLIS and Cassandra R. Lawlis, a minor by her Guardian ad litem, Frank T. Scott, Plaintiffs-Respondents, v. David L. THOMPSON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 11, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in the court of appeals) by Barbara A. Kluka and Phillips, Richards, Lepp, Mayew and Kluka, S.C., Kenosha, and oral argument by Barbara A. Kluka.

For the plaintiffs-respondents there was a brief (in the court of appeals) and oral argument by Frank T. Scott, Racine.

HEFFERNAN, CHIEF JUSTICE.

This is an appeal from a judgment of the circuit court for Racine county, Dennis D. Costello, circuit judge, accepted on the certification of the court of appeals pursuant to Rule 809.61, Stats. This is an action for refund of moneys alleged to constitute unjust enrichment. At trial the plaintiff Cathy K. Lawlis prevailed.

The principal question posed on this appeal is whether a party to a nonmarital cohabitation, by reason of that...

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