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KATZE v. RANDOLPH & SCOTT MUT. FIRE INS.

No. 81-1073.

116 Wis.2d 206 (1984)

341 N.W.2d 689

Harry KATZE, Plaintiff-Appellant, v. RANDOLPH & SCOTT MUTUAL FIRE INSURANCE COMPANY, a/k/a Randolph-Scott-Westford Insurance Company, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided January 4, 1984.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there was a brief by Clyde C. Cross and Cross, Mercer and Maffei, Baraboo, and oral argument by Clyde C. Cross.

For the plaintiff-appellant there was a brief by John R. Miller and Miller & Miller, Portage, and oral argument by John R. Miller.

Amicus curiae brief was filed by Arnold P. Anderson and Carroll, Parroni, Postlewaite, Anderson & Graham, S.C., Eau Claire, for the Wisconsin Association of Town Mutual Insurance Companies.

STEINMETZ, J.

The issues in this case are whether the transaction of sale of cattle by an insured to a person purchasing them under a fraudulent scheme is a theft under this insurance policy and whether it is a direct loss of the cattle.

The plaintiff, Harry Katze, started suit in Columbia county circuit court, the Honorable Howard Latton, to recover under the theft provisions of defendant's, Randolph & Scott...

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