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MELLENTHIN v. BERGER

No. 02-2524.

265 Wis.2d 575 (2003)

2003 WI App 126

666 N.W.2d 120

Martin MELLENTHIN and Heidi Mellenthin, Plaintiffs-Respondents, v. Rodney BERGER, Durand Rural Fire Department and Continental Western Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 20, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Francis M. Doherty and Michael W. Gill and Hale, Skemp, Hanson, Skemp & Sleik of La Crosse. Oral argument by Francis M. Doherty.

On behalf of the defendants-respondents, the cause was submitted on the brief of Charles B. Harris and Martha H. Heidt and Doar, Drill & Skow, S.C., of Baldwin. Oral argument by Martha H. Heidt.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Rodney Berger, Durand Rural Fire Department, and Durand Rural's insurer Continental Western Insurance Company appeal a nonfinal order determining that Durand Rural is not entitled to any form of immunity under WIS. STAT. § 893.80(4).1 We conclude that the trial court erred in its analysis of Durand Rural's classification. We therefore reverse the order and remand so the trial court may enter an order consistent...

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