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KOHNKE v. ST. PAUL FIRE INS. CO.

No. 86-0988.

144 Wis.2d 352 (1988)

424 N.W.2d 191

Brian W. KOHNKE and Erin Kohnke, Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY and Midelfort Clinic, S.C., Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 8, 1988.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Lisa K. Stark and Misfeldt & Stark, Eau Claire and oral argument by Lisa K. Stark.

For the plaintiffs-appellants there was a brief by Ardell W. Skow, Lila M. Hambleton and Doar, Drill & Skow, S.C., Baldwin and oral argument by Lila M. Hambleton.

Amicus Curiae briefs were filed by for the Wisconsin Hospital Association, Madison; for the Wisconsin Academy of Trial Lawyers, Milwaukee; and and for the State Medical Society of Wisconsin, Madison; and assistant attorney general, with whom on the brief was attorney general.

DAY, J.

This is a review of a published opinion of the court of appeals, Kohnke v. St. Paul Fire & Marine Ins. Co., 140 Wis.2d 80, 410 N.W.2d 585 (Ct. App. 1987), which reversed the judgment of the circuit court for Eau Claire county, Honorable William D. O'Brien, circuit judge. The circuit court granted defendants' summary judgment motions, finding that Brian Kohnke's (Kohnke)

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