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COOK v. CONTINENTAL CAS. CO.

No. 92-1130.

180 Wis.2d 237 (1993)

509 N.W.2d 100

Osie COOK, Jr., and Lisa A. Cook, Plaintiffs-Appellants-Cross Respondents, v. CONTINENTAL CASUALTY COMPANY, Michael F. Hupy, National Union Fire Insurance Company of Pittsburgh and Hausmann-McNally, S.C., Defendants-Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided November 16, 1993.

Attorney(s) appearing for the Case

For plaintiffs-appellants-cross respondents the cause was submitted on the briefs of James J. Murphy of Gillick, Murphy, Wicht & Prachthauser, of Milwaukee, Wisconsin.

For defendants-respondents-cross appellants Michael F. Hupy and Continental Casualty Company, the cause was submitted on the briefs of Edward A. Hannan and Michael Aldana of Godfrey, Braun & Hayes, of Milwaukee.

For defendants-respondents-cross appellants National Union Fire Insurance Company of Pittsburgh and Hausmann-McNally, S.C., the cause was submitted on the briefs of Stephen P. Juech, Michael J. Collard, and John P. Spector, of Frisch, Dudek, Ltd., of Milwaukee.

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

SULLIVAN, J.

Osie Cook appeals from a summary judgment dismissing his complaint for legal malpractice against Attorney Michael F. Hupy, Hupy's former law firm, and their respective liability insurers (collectively, "Hupy"). Hupy had previously represented Cook in a products liability action. Cook alleges that Hupy was negligent for failure to identify certain fact witnesses and for his failure to call them for his case-in-chief in that underlying action. We conclude...

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