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OLIVER v. TRAVELERS INSURANCE CO.

No. 80-1681.

103 Wis.2d 644 (1981)

309 N.W.2d 383

Robert L. OLIVER, Plaintiff-Appellant, v. TRAVELERS INSURANCE Co., and Gary C. Nelson, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 22, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by John Peyton and John Barry Stutt of Stewart, Peyton & Crawford of Racine. Oral argument by John Barry Stutt.

For the defendants-respondents there were briefs by Robert E. Hankel of Schoone, McManus, Hankel & Ware, S.C. of Racine; Bronson C. La Follette, attorney general, and Gordon Samuelson, assistant attorney general. Oral argument by Robert E. Hankel and Gordon Samuelson.

Before Voss, P.J., Brown and Scott, JJ.

VOSS, P.J.

This is a case of first impression concerning the constitutionality of sec. 102.03(2), Stats., as amended by ch. 195, Laws of 1977. Oliver appeals from the trial court's granting of a motion for summary judgment by Travelers Insurance Company and its insured, Gary C. Nelson. The motion was based on the contention that sec. 102.03(2), Stats., barred the suit filed by Oliver. Oliver responded to the motion by contesting the constitutionality of the statute...

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