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LEMON v. FEDERAL INS. CO.

No. 81-1546.

111 Wis.2d 563 (1983)

331 N.W.2d 379

Vern R. LEMON, Plaintiff-Appellant, Karen LEMON, his wife, Plaintiff, v. FEDERAL INSURANCE COMPANY, Dane County, and Ronald L. Zurbuchen, Defendants-Respondents-Petitioners, AETNA CASUALTY & SURETY COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 29, 1983.

Attorney(s) appearing for the Case

For the defendants-petitioners there were briefs by John M. Moore, Barrett J. Corneille and Bell, Metzner & Gierhart, S.C., Madison, and oral argument by Mr. Corneille.

For the plaintiff Vern R. Lemon there was a brief by Bradford W. Wilcox and Vance, Wilcox & Short, S.C., Ft. Atkinson; and Kenneth T. McCormick, Jr., Peter E. Hans and Boardman, Suhr, Curry & Field, Madison, and oral argument by Mr. Hans.

Affirming 107 Wis.2d 351, 320 N.W.2d 33 (Ct.App.).

STEINMETZ, J.

The issue in this case is whether a tractor that was repairing a roadside culvert and subsequently involved in a traffic accident is a "motor vehicle" within the meaning of sec. 345.05 (2) (a), Stats. 1975.1 Sec. 345.05 governs actions against a municipality arising from the negligent operation...

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