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GIBSON v. CITY OF GLENDALE POLICE DEPT.

No. 90-C-1136.

786 F.Supp. 1452 (1992)

Patricia A. GIBSON, as Natural Mother and Guardian of the Estate of Tracy L. Gibson, (Deceased), Interests of the Estate of Tracy L. Gibson, (Deceased), and Wisconsin Health Organization, (Subrogated Plaintiff), Plaintiffs, v. CITY OF GLENDALE POLICE DEPARTMENT, Donald Mahnke, Glendale Police Auxiliary, Boy Scouts of America, Boy Scouts of America, Milwaukee County Council No. 629, Glendale Police Explorer Post 700, Steve Buck, Guy Andreotti, Nicolet School District, Nicolet High School Board, Marilyn Franklin, Sarah Jerome, Betty Womack, Insurance Company of North America, Employers Insurance of Wausau, a Mutual Company, Cities and Villages Mutual Insurance Company and Rodney G. Gibson, Defendants.

United States District Court, E.D. Wisconsin.

March 10, 1992.

Attorney(s) appearing for the Case

William A. Pangman, William A. Pangman & Associates, S.C., Waukesha, Wis., Robert E. Litak, Milwaukee, Wis., for plaintiff Patricia Gibson.

Nancy Machinton, Mitchell, Baxter & Ziegler, S.C., Milwaukee, Wis., for subrogated plaintiff Wisconsin Health Organization.

Michael Malone, Thomas Mullins, Hinshaw & Culbertson, Milwaukee, Wis., for defendants Buck, Andreotti, Glendale Police Explorer Post 700, Glendale Police Auxiliary, Mahnke, Glendale Police Dept.

John Higgins, Straub & Schuch, Milwaukee, Wis., for defendant Employers Ins. of Wausau.

Raymond Pollen, Riordan, Crivello, Carlson, Mentkowski & Steeves, Milwaukee, Wis., defendants Womack, Jerome, Franklin, Nicolet School Dist., Nicolet High School.

Timothy Bascom, Bascom Law Offices, Milwaukee, Wis., for defendant Ins. Co. of North America.

Randolph E. House, Milwaukee, Wis., for defendant Rodney Gibson.

DECISION AND ORDER

MYRON L. GORDON, Senior District Judge.

This removal action poses difficult and challenging questions implicating the federal removal statute, the Wisconsin "direct action" statute, and "pendent party" jurisdiction. The action, which was improperly removed, will be remanded to state court for lack of subject matter jurisdiction.

I.

The action stems from the tragic death of Tracy L. Gibson following her fall from the roof...

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