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BIALAS v. PORTAGE COUNTY

No. 85 (1974).

70 Wis.2d 910 (1975)

236 N. W. 2d 18

BIALAS and wife, Plaintiffs, v. PORTAGE COUNTY, Defendant and Respondent: GROSS, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Crowns, Merklein, Midthun & Metcalf of Wisconsin Rapids.

For the respondent the cause was submitted on the brief of Peickert, Anderson, Fisher, Shannon & O'Brien of Stevens Point, and Daniel G. Golden, district attorney.

Submitted under sec. (Rule) 251.54 October 30, 1975.

HEFFERNAN, J.

The only question on this appeal is whether the indemnity and save-harmless provisions of a contract between the Wisconsin department of transportation (division of highways) and Portage county, hereinafter contractor, entitle a department employee to reimbursement from the contractor for liability to third persons by reason of the department employee's own negligence.

The employee...

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