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DePRATT v. WEST BEND MUT. INS. CO.

No. 82-725.

113 Wis.2d 306 (1983)

334 N.W.2d 883

Kenneth W. DEPRATT and Barbara DePratt, Plaintiffs-Respondents-Petitioners, v. WEST BEND MUTUAL INSURANCE CO., a Wisconsin corporation, Larry Unger, Ronald Moore, John Goetz and Fran Wewers, Defendants-Respondents, UNITED STATES FIDELITY & GUARANTY CO., a foreign corporation, and John A. Sergio, d/b/a John A. Sergio Crane Service, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided July 1, 1983.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Howard A. Davis, Patrick O. Dunphy and Habush, Habush & Davis, S.C., Milwaukee and oral argument by Howard A. Davis.

For the defendants-appellants there was a brief by Bernard J. Hankin and Kluwin, Dunphy, Hankin & McNulty, Milwaukee, and oral argument by Bernard J. Hankin.

Affirming 109 Wis.2d 699, 327 N.W.2d 724 (Ct. App.).

BEILFUSS, C.J.

This is a review of an unpublished decision of the court of appeals filed October 19, 1982. The action arises out of an accident at a construction site. The plaintiffs, Kenneth W. and Barbara DePratt, originally brought a tort action for damages against John A. Sergio (Sergio) and his insurer, United States Fidelity and Guaranty Company (U.S.F. & G.). Summary judgment was entered in favor...

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