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FAGNAN v. GREAT CENTRAL INS. CO.

No. 77-2272.

577 F.2d 418 (1978)

Duane FAGNAN and Raymond Fagnan, Plaintiffs-Appellees, v. GREAT CENTRAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 1978.

Rehearing Denied July 17, 1978.

Attorney(s) appearing for the Case

James T. Martin, South Edina, Minn., for defendant-appellant.

James A. Drill, New Richmond, Wis., for plaintiffs-appellees.

Before TONE and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 17, 1978.

TONE, Circuit Judge.

The issue presented is whether the federal compulsory counterclaim rule, Rule 13(a), Fed.R.Civ.P., precludes an action against an insurance company under the Wisconsin direct action statute, when an action directly against the insured would be barred by the rule. The District Court answered this question in the negative and entered judgment...

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