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ZIMMERMAN v. WISCONSIN ELECTRIC POWER CO.

38 Wis.2d 626 (1968)

ZIMMERMAN and wife, Plaintiffs, v. WISCONSIN ELECTRIC POWER, COMPANY and another, Defendants and Respondents: MORAN, Third-Party Defendant and Appellant.

Supreme Court of Wisconsin.

April 9, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schneider & Tammi, of Milwaukee, and oral argument by Walter M. Tammi.

For the respondent Wisconsin Electric Power Company there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane of Milwaukee, and oral argument by John F. Zimmermann.

For the respondent Quality Aluminum Casting Company there was a brief by Hippenmeyer, Reilly, Fritz & Arenz of Waukesha, and oral argument by Richard Hippenmeyer.

HANLEY, J.

The sole issue presented on this appeal is whether sec. 102.03 (2), Stats., the exclusive remedy provision of the Workmen's Compensation Act, prevents the bringing of an action against a fellow employee of the injured party under sec. 102.29 (2). Under sec. 102.03 (2), when conditions are present which give the injured employee the right to compensation pursuant to the act, the recovery of such compensation is...

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