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US AVN. UNDERWRITERS v. NAT. INS. UNDERWRITERS

No. 83-617.

117 Wis.2d 417 (1984)

344 N.W.2d 532

UNITED STATES AVIATION UNDERWRITERS, INC., Managers to United States Aircraft Insurance Group and Whitman Aviation, Inc., Plaintiffs-Appellants, v. NATIONAL INSURANCE UNDERWRITERS, a Subsidiary of National Aviation Underwriters, FRA Enterprises, Inc., d/b/a FOX River Aviation, Dale Baugh and Larry Burris, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 4, 1984.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of Daniel R. Doucette of Kluwin, Dunphy, Hankin & McNulty of Milwaukee.

For the defendants-respondents, the cause was submitted on the briefs of James F. Pressentin of Green Bay.

Before Scott, C.J., Brown, P.J., and Robert W. Hansen, Reserve Judge.

SCOTT, C.J.

United States Aviation Underwriters, Inc. and Whitman Aviation, Inc. appeal from a judgment dismissing their action for monetary damages against National Insurance Underwriters, Inc. and the denial of their after-verdict motions. The primary issue before us is whether a pilot's failure to yield the right-of-way while landing as prescribed by 14 C.F.R. § 91.67 (f) (1983)1 constitutes negligence per se. We hold that 14 C...

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