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BURKES v. KLAUSER

Nos. 92-2308, 92-2578.

185 Wis.2d 308 (1994)

517 N.W.2d 503

Marshall BURKES, Plaintiff-Respondent-Petitioner, v. James R. KLAUSER, Eugene G. Martin, Maureen J. Busby, Richard H. Lillie and Nicholas Hurtgen, Defendants-Petitioners-Respondents-Petitioners, Edward E. HALES, Defendant-Co-Petitioner-Respondent-Petitioner, M. William GERRARD, Defendant-Third Party Plaintiff, ACCELERATION NATIONAL INSURANCE COMPANY and Rural Mutual Insurance Company, Third Party Defendants. Marshall BURKES, Plaintiff-Respondent, v. James R. KLAUSER, Eugene G. Martin, Edward E. Hales, Maureen J. Busby, Richard H. Lillie and Nicholas Hurtgen, Defendants-Appellants-Petitioners, M. William GERRARD, Defendant-Third Party Plaintiff-Respondent, ACCELERATION NATIONAL INSURANCE COMPANY and Rural Mutual Insurance Company, Third Party Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 24, 1994.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners in 92-2578 and for the defendants-petitioners-respondents in 92-2308 there were briefs by Bruce A. Olsen, assistant attorney general, Robert A. Selk, acting attorney general; Waltraud A. Arts and Quarles & Brady, Madison; Terry E. Johnson and Peterson, Johnson & Murray, Milwaukee; and for the defendant-appellant-petitioner in 92-2578 and for the defendant-co-petitioner-respondent in 92-2308 there were briefs by T. Christopher Kelly, Madison and oral argument by Bruce A. Olsen.

For the plaintiff-respondent in 92-2578 and the plaintiff-respondent-petitioner in 92-2308 there was a brief by Steven J. Schooler and Lawton & Cates, S.C., Madison and Robert J. Gingras and Gingras Law Offices, Madison and oral argument by Steven J. Schooler.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals, filed March 10, 1993. The court of appeals modified an order of the circuit court for Dane County, P. Charles Jones, circuit judge, and denied the defendants' motions for summary judgment and for dismissal of the claims against them.

Plaintiff Marshall Burkes, a former executive director of the State of Wisconsin Investment Board, commenced this 42 U.S.C. sec. 1983...

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