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HERWIG v. ENERSON & EGGEN

No. 79-1474.

101 Wis.2d 170 (1981)

303 N.W.2d 669

Gary W. HERWIG, Plaintiff-Appellant, v. ENERSON & EGGEN, a partnership, Defendant and Third-Party Plaintiff-Appellant, GEHL COMPANY, a corporation, Defendant, Robert HERWIG, Sr., Third-Party Defendant, IOWA NATIONAL MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided March 31, 1981.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Ward I. Richter and Bell, Metzner & Gierhart, S.C., of Madison and oral argument by Mr. Richter.

For plaintiff-appellant there was a brief by James C. Bohl and Quale, Hartmann, Bohl & Evenson of Baraboo and oral argument by James C. Bohl.

For defendant and third-party plaintiff-appellant there was a brief by Bruce R. Rasmussen and Rasmussen Law Offices of Beaver Dam, and oral argument by Mr. Rasmussen.

Affirming 98 Wis.2d 38, 295 N.W.2d 201.

PER CURIAM.

The court is equally divided on the question of whether the decision of the court of appeals should be affirmed or reversed, Justice Callow, Justice Coffey and Justice Steinmetz being of the opinion that the decision should be reversed; Justice Heffernan, Justice Abrahamson and Justice Day being of the opinion that the decision should...

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