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

No. 80-017.

105 Wis.2d 305 (1982)

313 N.W.2d 833

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

Supreme Court of Wisconsin.

Decided January 5, 1982.

Attorney(s) appearing for the Case

For the appellants-petitioners there were briefs by Michael A. Mesirow and Kasdorf, Dall, Lewis & Swietlik, S.C., of Milwaukee, and oral argument by Mr. Mesirow.

For the defendants-respondents there was a brief by Douglas H. Starck, George W. Greene and Prosser, Wiedabach & Quale, S.C., of Milwaukee, and oral argument by Mr. Starck.

Amicus curiae brief was filed by Harry F. Franke, Jr., Anthony H. Driessen and Cook & Franke, S.C., of Milwaukee, for Associated General Contractors of Greater Milwaukee; Wisconsin Society of Architects; Associated General Contractors of Wisconsin; Allied Construction Employers Association; Wisconsin Society of Professional Engineers, Professional Engineers in Private Practice; Consulting Engineers Council of Wisconsin; Wisconsin Society of Land Surveyors; and Mechanical Contractors Association of Wisconsin.

Affirming in part and reversing in part 100 Wis.2d 59, 301 N.W.2d 271.

STEINMETZ, J.

Three issues are raised in this case: whether sec. 893.155, Stats. 19771 (renumbered sec. 893.89, Stats., effective July 1, 1980) effective on June 13, 1976, applies to an action commenced in 1979 involving damages sustained in 1978 resulting from construction of an underground...

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