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STRONG v. WIS. CHAPTER OF DELTA UPSILON

No. 83-2418.

125 Wis.2d 107 (1985)

370 N.W.2d 285

Robert E. STRONG, and Health Protection Plan, a domestic corporation, Plaintiffs-Appellants, v. WISCONSIN CHAPTER OF DELTA UPSILON, a non-profit organization, Delta Upsilon of Wisconsin, Inc., a domestic non-profit corporation and St. Paul Fire and Marine Insurance Company, a domestic corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 23, 1985.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Michael F. Hupy and Hausmann, Mc-Nally & Hupy, S.C. of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of Ward I. Richter and Bell, Metzner & Gierhart, S.C. of Madison.

Before Gartzke, P.J., Dykman, J., and Rudolph T. Randa, Reserve Judge.

RANDA, Reserve Judge.

Robert Strong appeals the summary judgment dismissing his complaint against Wisconsin Chapter of Delta Upsilon, Delta Upsilon of Wisconsin, Inc. and St. Paul Fire & Marine Insurance Company (collectively the fraternity). The circuit court concluded that sec. 29.68(1), Stats. 1981-82,1 barred Strong's claims of negligence and violation of the safe place statute, sec. 101.11(1), Stats. The issues are whether diving...

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