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SMITH v. LONG

No. 93-0191.

178 Wis.2d 797 (1993)

505 N.W.2d 429

Dan SMITH and Susan Smith, Plaintiffs-Third Party Defendants-Respondents, v. James R. LONG, Defendant, UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Third Party Plaintiff-Appellant.

Court of Appeals of Wisconsin.

Decided August 17, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-third party plaintiff-appellant, the cause was submitted on the briefs of James P. O'Neil of Green Bay.

On behalf of the plaintiffs-third-party defendantsrespondents, the cause was submitted on the brief of Scott D. Metz of Krause, Metz & Snyder of Appleton.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

United States Fidelity & Guaranty Company (Fidelity) appeals a judgment denying it the right to reimbursement from the settlement proceeds of the legal malpractice action against attorney James Long. The court ruled that Dan and Susan Smith's legal malpractice action was based in contract and, therefore, Fidelity had no right to reimbursement under sec. 102.29, Stats.

Fidelity argues that the trial court erred by: (1) finding that the Smiths...

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