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DUKISH v. REID BOILER WORKS

No. 88-1720.

151 Wis.2d 769 (1989)

445 N.W.2d 746

Willard DUKISH, Plaintiff-Appellant, v. REID BOILER WORKS, INC., and McKee Engineers & Constructors, Defendants-Respondents, FIREMAN'S FUND INSURANCE CO., Subrogee.

Court of Appeals of Wisconsin.

Decided July 26, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James Schernecker, of Oregon.

For the defendants-respondents the cause was submitted on the brief of Mark W. Andrews and John D. Winner, and Winner, McCallum, Wixson & Pernitz, of Madison.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

In this appeal, we decide that Willard Dukish did not commence this action against Reid Boiler Works, Inc., because he did not timely serve Reid with an authenticated copy of the summons and of the complaint within sixty days of filing this action with the court, as required by sec. 801.02(1), Stats. We hold that the time for service was not extended by sec. 801.15(1)(b) because the Friday after Thanksgiving is not a legal holiday under sec. 801.15(1)(a...

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