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STATE v. MAUTHE

Nos. 86-2199, 87-0542.

142 Wis.2d 620 (1987)

419 N.W.2d 279

STATE of Wisconsin, Plaintiff-Appellant, v. Norbert W. MAUTHE, individually and d/b/a N.W. Mauthe Company, Wisconsin Chromium Corporation and United States Fidelity & Guaranty Co., Defendants-Respondents. STATE of Wisconsin, Plaintiff, v. Carol MAUTHE, Personal Representative of the Estate of Norbert W. Mauthe, d/b/a N.W. Mauthe Company, Defendant-Appellant, WISCONSIN CHROMIUM CORPORATION, Defendant, UNITED STATES FIDELITY & GUARANTY CO., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 16, 1987.

Attorney(s) appearing for the Case

For plaintiff-appellant, State of Wisconsin, there were briefs by Donald J. Hanaway, attorney general, and Shari Eggleson, assistant attorney general, of Wisconsin Department of Justice, of Madison.

For defendant-appellant, Carol Mauthe, there was a brief by Nila Jean Robinson of Robinson, Robinson, Peterson, Rudolph & Cross, of Appleton.

For defendant-respondent, United States Fidelity & Guaranty Co., there was a brief by William J. Corrigan of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., of Appleton.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

This is an appeal from a summary judgment granted to the United States Fidelity and Guaranty Company based on the trial court's conclusion that coverage was excluded under the insurance policy issued to Norbert Mauthe by a pollution exclusion clause. The appellants, the State of Wisconsin and Carol Mauthe, personal representative of the estate of Norbert Mauthe, contend that the language of the pollution exclusion...

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