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UNITED STATES FIRE INS. CO. v. E. D. WESLEY CO.

No. 80-017.

100 Wis.2d 59 (1980)

301 N.W.2d 271

UNITED STATES FIRE INSURANCE COMPANY, a foreign corporation, and United States Oil Company, Inc., a Wisconsin corporation, Plaintiffs-Appellants, v. E. D. WESLEY COMPANY, a Wisconsin corporation, and Brey, Stuewe & Braun, Inc., a Wisconsin corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 26, 1980.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Kasdorf, Dall, Lewis & Swietlik, S.C., and Michael A. Mesirow, of counsel, of Milwaukee.

An amicus curiae brief was filed by Cook & Franke, S.C., and Harry F. Franke, Jr., and Anthony H. Driessen, of counsel, of Milwaukee.

For the defendant-respondent E. D. Wesley Company the cause was submitted on the brief of Prosser, Wiedabach & Quale, S.C., and George W. Greene and Russell T. Golla, of counsel, of Milwaukee.

For the defendant-respondent Brey, Stuewe & Braun, Inc., the cause was submitted on the brief of Dewane, Gregorski, Dewane & Kummer and Lee H. Kummer, of counsel, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

CANNON, J.

Plaintiffs appeal from separate judgments dismissing E. D. Wesley Co. (Wesley) and Brey, Stuewe & Braun, Inc. (Brey) on the ground that the statute of limitations, sec. 893.155, Stats.,1 barred the cause of action. We reverse and remand the judgment dismissing Brey. We affirm the judgment dismissing Wesley.

Plaintiffs commenced this action for damages sustained when an underground pipeline burst in 1978 resulting...

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