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LEMON v. FEDERAL INS. CO.

No. 81-1546.

107 Wis.2d 351 (1982)

320 N.W.2d 33

Vern R. LEMON, and Karen Lemon, his wife, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Dane County, Ronald L. Zurbuchen and The Aetna Casualty & Surety Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 23, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Kenneth T. McCormick, Jr. and Peter E. Hans and Boardman, Suhr, Curry & Field, of Madison, and Bradford W. Wilcox and Vance, Wilcox & Short, of Fort Atkinson.

For the defendants-respondents the cause was submitted on the brief of John M. Moore and Bell, Metzner & Gierhart, S.C. of Madison.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

Plaintiff Vern Lemon's car collided with a John Deere JD500-C "Backhoe Loader" operated by an employee of Dane County. The trial court granted the county's motion for partial summary judgment.1 The trial court held that the "Backhoe Loader" was not a "motor vehicle" under sec. 345.05(2)(a), Stats. (1975),2 and that the county's liability was therefore...

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