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HEIFETZ v. JOHNSON

No. 278.

61 Wis.2d 111 (1973)

211 N.W.2d 834

HEIFETZ and others, Respondents, v. JOHNSON and another, Appellants.

Supreme Court of Wisconsin.

Decided November 12, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Steven J. Caulum of Madison.

For the respondents there was a brief by Fritschler, Pellino & Associates of Madison, and oral argument by Peter W. Zeeh of Madison.

WILKIE, J.

Two Issues are presented on this appeal:

(1) Did the failure of the plaintiffs to join a necessary or indispensable party within the period of limitations subject the plaintiff's cause of action to the defense of limitation of actions?

(2) If the plaintiffs' right of action is not barred, can the defendants raise the prior payment of $2,000 by the plaintiffs' insurer in mitigation of their liability?

Is plaintiffs' action barred...

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