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SMITH v. KATZ

No. 96-1998.

218 Wis.2d 442 (1998)

578 N.W.2d 202

Jay W. SMITH and Debra J. Smith, Plaintiffs, WEST BEND MUTUAL INSURANCE COMPANY, Intervenor-Plaintiff-Respondent, v. Paul KATZ, d/b/a Underroof Building and Design and Robert L. Reisinger, Jr., Defendants, Philip A. GIUFFRE, Defendant-Third-Party Plaintiff-Appellant-Petitioner, David A. and Mary A. STAWSKI, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided June 2, 1998.

Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellantpetitioner there were briefs by Kent A. Tess-Mattner and Schmidt & Rupke, S.C., Brookfield and oral argument by Kent A. Tess-Mattner.

For the intervenor-plaintiff-respondent there was a brief by Jeffrey Leavell, Gregory Boe, and Jeffrey Leavel, S.C., Racine and oral argument by Jeffrey Leavell.

¶ 1. N. PATRICK CROOKS, J.

This case is on review from an unpublished decision of the court of appeals.1 The court of appeals affirmed the judgment of the Milwaukee County Circuit Court, Jacqueline Schellinger, Circuit Judge, granting West Bend Mutual Insurance Company's (West Bend) motion for summary judgment and dismissing West Bend from the action. The circuit court concluded that two...

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