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CITY OF MILWAUKEE v. ALLIED SMELTING CORP.

No. 82-2335.

117 Wis.2d 377 (1983)

344 N.W.2d 523

CITY OF MILWAUKEE and City of West Allis, Plaintiffs-Respondents and Cross-Appellants, v. ALLIED SMELTING CORPORATION, and Continental Insurance Company, Defendants-Appellants and Cross-Respondents, MINERALS RECLAMATION CORPORATION, Defendant.

Court of Appeals of Wisconsin.

Decided December 7, 1983.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, S.C., with Joseph D. McDevitt, M. Christine Cowles, and Mark A. Grady of counsel, of Milwaukee.

For plaintiff-respondent and cross-appellant City of Milwaukee, the cause was submitted on the briefs of James B. Brennan, city attorney, with Linda Uliss Burke, assistant city attorney, of counsel, of Milwaukee.

For plaintiff-respondent and cross-appellant City of West Allis, the cause was submitted on the briefs of Michael J. Sachen, city attorney, with Paul C. Hemmer, assistant city attorney, of counsel, of West Allis.

Before Wedemeyer, P.J., Decker and Moser, JJ.

WEDEMEYER, P.J.

Continental Insurance Company (Continental) and Allied Smelting Corporation (Allied) appeal from a judgment entered December 2, 1982, following a verdict which compensated the cities of Milwaukee and West Allis (cities) for damages to their storm sewer systems caused by Allied's discharge of acid into the systems.

On appeal, Continental, separately, argues that the trial court erred in denying its motions for summary judgment and dismissal...

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