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THRESHERMEN'S MUT. INS. v. WALLINGFORD MUT. INS.

No. 93-2085.

26 F.3d 776 (1994)

THRESHERMEN'S MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WALLINGFORD MUTUAL INSURANCE COMPANY, Defendant-Appellee. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Third/Party Plaintiff-Appellee, v. John BRADY, Ginger L. Brady and Jeffrey Brady and Jamie Brady, minors by their Guardian ad Litem, James J. Murphy, Third/Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Frank Steeves (argued), Brian Peacy, Riordan, Crivello, Carlson, Mentkowski & Steeves, Milwaukee, WI, for Threshermen's Mut. Ins. Co.

Thomas W. Bertz (argued), Nadine I. Davy, Anderson, Shannon, O'Brien, Rice & Bertz, Stevens Point, WI, for Liberty Mut. Ins. Co.

Barbara J. Janaszek, James G. Allison, Whyte & Hirschboeck, Milwaukee, WI, Thomas W. Bertz, Nadine I. Davy, Anderson,

Shannon, O'Brien, Rice & Bertz, Stevens Point, WI, for Wallingford Mut. Ins. Co., Ltd.

Moses Josef Zimmermann, Gillick, Murphy, Wicht & Prachthauser, Milwaukee, WI, for John Brady, Ginger L. Brady, Jeffrey Brady, Jamie Brady, and James J. Murphy.

Before GIBSON, COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

This is an appeal from summary judgment determinations. Thresherman's Mutual Insurance Company ("Threshermen's") asserted claims of failure to indemnify or to make contribution against Liberty Mutual Insurance Company ("Liberty") and its excess carrier Wallingford Mutual Insurance Co., Ltd. ("Wallingford"). The district court held that Threshermen's contentions were barred by res judicata and by the statute of limitations. For the reasons that...

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