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COLLINS v. AMERICAN FAMILY MUT. INS. CO.

No. 89-0055-W.

153 Wis.2d 477 (1990)

451 N.W.2d 429

STATE of Wisconsin EX REL., Allison COLLINS, and Phillip Collins, Petitioners, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Melvin Prill, Betty Prill, and The Honorable Willis J. Zick, Judge for Waukesha County Circuit Court, Respondents.

Supreme Court of Wisconsin.

Decided February 26, 1990.

Attorney(s) appearing for the Case

For the petitioners, a petition for writ of mandamus was filed (in the court of appeals) by Marjan Kmiec, Christopher McConville and Kmiec Law Offices, Milwaukee and oral argument by Marjan Kmiec.

For the respondent, Willis J. Zick, the cause was argued by the Honorable Willis J. Zick,Waukesha and James H. McDermott, assistant attorney general, with whom on the response (in the court of appeals) was Donald J. Hanaway, attorney general.

DAY, J.

This is an action in mandamus brought by Allison and Phillip Collins ("Petitioners") to compel the Honorable Willis J. Zick, Judge for the Circuit Court for Waukesha County, to release Petitioners from a stipulation entered into between Petitioners and American Family Mutual Insurance Company ("American Family") which required that the parties pay a "stipulated penalty," as Judge Zick describes it, to the "general fund" of the court should the parties settle...

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