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MILLERS NAT. INS. CO. v. MILWAUKEE

No. 91-2536.

184 Wis.2d 155 (1994)

516 N.W.2d 376

MILLERS NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. CITY OF MILWAUKEE, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided June 1, 1994.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Nick G. Kotsonis and Riordan, Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee and oral argument by Nick G. Kotsonis.

For the plaintiff-appellant there was a brief by Ernest J. Philipp, Maria K. Myers and Davis & Kuelthau, S.C., Milwaukee and oral argument by Maria K. Myers.

DAY J.

This is a review of a decision of the court of appeals reversing a judgment of the circuit court for Milwaukee County, Honorable Patrick J. Madden, Judge, denying a claim by plaintiff, Millers National Insurance Company (Millers National), for subrogation against the City of Milwaukee (City). The circuit court dismissed the action on summary judgment for failure to state a claim upon which relief can be granted....

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