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POPE v. PHAM

No. 90-1568.

162 Wis.2d 481 (1991)

469 N.W.2d 897

Lillian POPE, Plaintiff, v. Vinh T. PHAM, and State Farm Mutual Automobile Insurance Company, Defendants-Third Party Plaintiffs-Appellants, v. John "Sugar" DOE, Third Party Defendant, HERITAGE MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 16, 1991.

Attorney(s) appearing for the Case

For the defendants-third party plaintiffs-appellants the cause was submitted on the briefs of Schapekahm & Eiche, S.C. by John E. Schapekahm of Milwaukee and Jeanne M. Kreuser of counsel, of Milwaukee.

For the third party defendant-respondent the cause was submitted on the briefs of Snodgrass & Simpson by Arthur P. Simpson, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

MOSER, P.J.

State Farm Mutual Automobile Insurance Company (State Farm) appeals from a judgment dismissing its third-party contribution claim against Heritage Mutual Insurance Company (Heritage).

On June 6, 1984, Lillian Pope (Pope) was seated in the driver's seat of her father's, Walter Muecke (Muecke), automobile when it was struck by a vehicle owned and operated by Ismeal Acevedo. Muecke's automobile was legally parked at the time. The next day,

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