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STERICYCLE, INC. v. CITY OF DELAVAN

Civil Action No. 95-C-0950.

929 F.Supp. 1162 (1996)

STERICYCLE, INC., a foreign corporation, Michael D. Brennan, and Randall R. Garczynski, Plaintiffs, v. CITY OF DELAVAN, a municipal corporation, Defendant, and Insurance Company of North America, Intervening Defendant.

United States District Court, E.D. Wisconsin.

June 12, 1996.

Attorney(s) appearing for the Case

Gilbert J. Berthelsen, Capwell & Berthelsen, Racine, WI, for Plaintiffs.

Leslie L. Johnson, Brennan, Steil, Basting & MacDougall, Delavan, WI, Wendy G. Gunderson, Mingo & Yankala, Milwaukee, WI, for Defendant.

Richard Hollern of Stafford, Rosenbaum, Rieser & Hansen, Madison, WI, for Intervenor I.N.A.

DECISION AND ORDER

REYNOLDS, District Judge.

This case involves a dispute over whether an exception to the general rule applies or whether an exception to the exception to the general rule applies. Generally, a party must litigate all claims arising out of a transaction in one lawsuit; for example, a party may not litigate liability in one action and then bring a second action for damages. The technical term for this rule is claim preclusion, which is just...

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