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KENEFICK v. HITCHCOCK

No. 93-2318.

187 Wis.2d 218 (1994)

522 N.W.2d 261

Emmett V. KENEFICK, Amelia M. Kenefick, and Emmir, Inc., a Wisconsin corporation, Plaintiffs, v. David W. HITCHCOCK, Carolyn D. Hitchcock, d/b/a Hitchcock's Phillips 66 Service Center, Defendants-Third Party Plaintiffs-Appellants, PHILLIPS PETROLEUM COMPANY, a foreign corporation, Defendant, FEDERATED MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 25, 1994.

Attorney(s) appearing for the Case

For the defendants-third party plaintiffs-appellants the cause was submitted on the briefs of Russell M. Lein and K. Scott Wagner of Hale & Lein, S.C., of Milwaukee.

For the third party defendant-respondent the cause was submitted on the brief of Rodger A. Hagen, William M. Hart, Laura J. Hanson and Thomas E. Propson of Meagher & Geer of Minneapolis, Minnesota.

For Amicus Curiae Insurance Environmental Litigation Association the cause was submitted on the brief of Robert Burrell of Borgelt, Powell, Peterson & Frauen of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

David and Carolyn Hitchcock appeal from an order granting summary judgment dismissing their third-party complaint against Federated Mutual Insurance Company. The Hitchcocks, owners of service station, were sued by Emmett and Amelia Kenefick, who owned property adjacent to the station and claimed that leakage from the Hitchcocks' underground gasoline storage tanks contaminated area groundwater, causing them damage.

The Hitchcocks contended that their...

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