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SCHULTE v. FRAZIN

No. 91-1185.

168 Wis.2d 709 (1992)

484 N.W.2d 573

Barbara SCHULTE and James Schulte, Plaintiffs-Respondents, v. Lawrence J. FRAZIN, M.D., Physicians Insurance Company of Wisconsin and Wisconsin Patients Compensation Fund, Defendants-Respondents, COMPCARE HEALTH SERVICES INSURANCE CORPORATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 21, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Elizabeth Bartlett and Shindell & Shindell by Lawrence M. Shindell, of Milwaukee.

For the plaintiffs-respondents and defendant-respondents the cause was submitted on the briefs of Cannon & Dunphy, S.C. by William M. Cannon and Jeffrey R. Munson, of Milwaukee.

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

MOSER, P.J.

Compcare Health Services Insurance Corporation (Compcare) appeals from an order of the trial court (1) dismissing its cross-claim against co-defendants Lawrence J. Frazin, M.D., and his insurers, Physicians Insurance Company of Wisconsin and the Wisconsin Patients Compensation Fund (collectively, Frazin) and (2) denying it leave to amend the pleadings.

Lawrence Frazin performed spinal surgery on Barbara Schulte in June, 1988. During this surgery...

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