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HARMANN v. HADLEY

No. 84-167.

128 Wis.2d 371 (1986)

382 N.W.2d 673

William HARMANN, Jr., a minor, by his guardian ad litem, Thomas W. Bertz, William Harmann, Sr. and Linda C. Harmann, Plaintiffs-Appellants-Petitioners, v. Cherie HADLEY, The Continental Insurance Co., John Hildebrandt and Home Mutual Insurance Company, Defendants-Respondents, Neil SCHULKE, Bernard H. Schulke, Milwaukee Mutual Insurance Company, County of Waupaca, Town of Farmington, Town of Dayton and General Casualty Insurance Company, Defendants.

Supreme Court of Wisconsin.

Decided March 5, 1986.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Thomas W. Bertz, Russell T. Golla and Anderson, Fisher, Shannon, O'Brien & Rice, Stevens Point, and oral argument by Mr. Bertz.

For the defendants-respondents there was a combined brief by Nancy Rice Gruber and Otjen & Van Ert, S.C., Milwaukee; and, Michael Siddall and Herrling, Clark, Hartzheim & Sidall, Appleton, and oral argument by Ms. Gruber and Michael Siddall.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals filed May 29, 1985, summarily affirming the judgment of the circuit court of Portage county, Robert C. Jerkins, circuit court judge, dismissing the amended complaint for failure to state a claim upon which relief can be granted. We reverse the decision of the court of appeals and the judgment of the circuit court and remand the cause to the circuit court for further proceedings...

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