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SINAI SAMARITAN MEDICAL CENTER, INC. v. MCCABE

No. 95-0012.

197 Wis.2d 709 (1995)

541 N.W.2d 190

SINAI SAMARITAN MEDICAL CENTER, INC., Plaintiff-Respondent, v. Morgan MCCABE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 17, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Wayne W. Wilson and John A. Horn of Wyngaard & Wilson of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Robert Hornik of Rausch, Hamell, Ehrle & Sturm, S.C., of counsel, of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

FINE, J.

Morgan McCabe appeals from a judgment against him awarding to Sinai Samaritan Medical Center, Inc., expenses incurred in the treatment of Jean McCabe. Sinai Samaritan's complaint alleged that McCabe was liable for the costs of treatment because he was Jean McCabe's husband. He raises two issues. First, he contends that the trial court erred in concluding on summary judgment that he and Jean McCabe were married at the time that she was treated by Sinai Samaritan...

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