Legal Opinion

Alioto v. Holtzman

District Court, E.D. Wisconsin

Decided February 17, 1972No. 69-C-511PublishedCited by 5 opinions

1Opinion of the Court

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant Ogden & Company has moved for summary judgment, advancing the arguments that it is immune from suit, that it did not participate in any “actionable activity”, and, finally, that the statute of limitation bars plaintiff’s claim against it.

I find no immunity running to the defendant Ogden & Company. In my opinion, § 946.40 Wis.Stats., which penalizes one who refuses or fails, upon command, to aid a peace officer, cannot be construed as giving immunity under the circumstances charged by the plaintiff in this case.

Although the…

2Cases cited1 opinion

  1. Ihlenfeld v. SeylerWisconsin Supreme Court · 1940

3Cited by5 opinions

  1. Brown v. American Broadcasting Co.Court of Appeals for the Fourth Circuit · 1983
  2. Glenda C. Brown v. American Broadcasting Co., Inc. Margaret Osmer-Mcquade, Kathleen T. Gardner, David L. Holton, Margaret Dixon, Val J. Halamandaris, Robert Weiner, Glenda C. Brown v. American Broadcasting Co., Inc., Margaret Osmer-Mcquade, and Kathleen T. Gardner, David L. Holton, Margaret Dixon, Val J. Halamandaris, Robert WeinerCourt of Appeals for the Fourth Circuit · 1983
  3. Awbrey v. Great Atlantic & Pac. Tea Co., Inc.District Court, N.D. Georgia · 1980
  4. Sharon Margaret Pavlak, Cross-Appellee v. John R. Church, Individually and in His Capacity as Chief of Police for the City of Boise, Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1984
  5. Balistrieri v. HoltzmanDistrict Court, E.D. Wisconsin · 1972

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