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SCHULTE v. FRAZIN

No. 91-1185.

176 Wis.2d 622 (1993)

500 N.W.2d 305

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

Supreme Court of Wisconsin.

Decided June 4, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners and the defendants-respondents-petitioners there were briefs by William M. Cannon, Mark L. Thomsen, Jeffrey R. Munson and Cannon & Dunphy, S.C., Milwaukee, and oral argument by William Cannon.

For the defendant-appellant there was a brief by Elizabeth Bartlett, Milwaukee and Lawrence M. Shindell and M. Elizabeth Burns and Shindell & Shindell, Milwaukee and oral argument by Elizabeth Bartlett.

Amicus Curiae brief was filed by Terry J. Booth and Fellows, Piper & Schmidt, Milwaukee for Wisconsin Health Insurers.

LOUIS J. CECI, J.

This case comes before the court on petition for review of a court of appeals decision, Schulte v. Frazin, 168 Wis.2d 709, 484 N.W.2d 573 (Ct. App. 1992), which reversed an order of the circuit court for Milwaukee County, David V. Jennings, Jr., Circuit Judge. The circuit court judge's order dismissed the plaintiff Schultes' (the Schultes) complaint and the cross-claim...

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