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KRAUSE v. WESTERN CASUALTY & SURETY CO.

3 Wis.2d 61 (1958)

KRAUSE, Plaintiff and Respondent, vs. WESTERN CASUALTY & SURETY COMPANY and another, Defendants and Appellants: BADGER MUTUAL INSURANCE COMPANY and another, Defendants and Respondents.

Supreme Court of Wisconsin.

February 4, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank L. Morrow of Eau Claire.

For the respondent Henry Krause there was a brief by Curran & Curran of Mauston, and oral argument by Charles P. Curran.

For the respondents Badger Mutual Insurance Company and Arnold J. Berendsen there was a brief by Engelhard, Snodgrass & Goerdt of La Crosse, and oral argument by Lawrence M. Engelhard.

For the respondent Arnold J. Berendsen, individually, there was a brief by McAndrews & Melli of Madison, and oral argument by Joseph A. Melli.

CURRIE, J.

It is the contention of the appellant Insurance Company on this appeal that the uncontroverted facts, which are set forth in the affidavits considered by the trial court in passing on the motion for summary judgment, established that the plaintiff was entitled to workmen's compensation benefits for his injuries, and, therefore, the exclusion clause of Western's policy was effective to bar any action on such policy by the plaintiff.

The order appealed...

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