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NOWAK v. TRANSPORT INDEMNITY CO.

No. 84-011.

120 Wis.2d 635 (1984)

Jay E. NOWAK, Plaintiff, v. TRANSPORT INDEMNITY COMPANY, a foreign corporation, Defendant-Appellant, AMERICAN INTERSTATE INSURANCE COMPANY OF WISCOSIN, a domestic corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 5, 1984.

Attorney(s) appearing for the Case

For defendant-appellant Transport Indemnity Company the cause was submitted on the briefs of Schellinger & Doyle, S.C., with James G. Doyle and Timothy J. Strattner of counsel, of Brookfield.

For defendant-respondent American Interstate Insurance Corporation of Wisconsin the cause was submitted on the briefs of Otjen & Van Ert, S.C., with Donald P. Schneider of counsel, of Milwaukee.

Before Wedemeyer, P.J., Moser, J., and Michael T. Sullivan, Reserve Judge.

WEDEMEYER, P.J.

Transport Indemnity Company (Transport) appeals from an order of the trial court entered in accordance with its declaratory judgment dismissing American Interstate Insurance Company (AII) as a codefendant in this pending tort action. Transport seeks reinstatement of AII as a defendant and a declaration that AII is the primary insurance carrier. Based on the parties' agreed statement in lieu of record, we...

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