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AMERICAN INS. CO. v. MILWAUKEE

No. 279.

51 Wis.2d 346 (1971)

187 N.W.2d 142

AMERICAN INSURANCE COMPANY and others, Respondents, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and Thomas E. Hayes, assistant city attorney, and oral argument by Mr. Hayes.

For the respondents there was a brief by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Kenneth M. Kenney.

ROBERT W. HANSEN, J.

This case is almost a rerun of the appeal involving other insurance carriers similarly situated and the city of Milwaukee.1

What is different is that the insurers then sought reimbursement from the city as subrogees. Now they seek such reimbursement as assignees. They have changed costumes. Where earlier they appeared in the garments of equity-seeking subrogees, they return clad in the armor plate of assignees...

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