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KELLEY v. KADINGER MARINE SERVICE,INC.

No. 93-2845.

191 Wis.2d 31 (1995)

528 N.W.2d 462

Gilbert H. KELLEY, Plaintiff-Appellant, v. KADINGER MARINE SERVICE, INC., Defendant-Respondent, ABC INSURANCE COMPANY, c/o Mutual Marine Office, Inc., Defendant.

Court of Appeals of Wisconsin.

Decided January 10, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Davis & Kuelthau, S.C., with David W. Neeb and Harney B. Stover, Jr. of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Belgrade and O'Donnell, P.C., with Steven B. Belgrade, John A. O'Donnell, and Andrea J. Steinhagen of Chicago, Illinois, and Herbon, McLaughlin & Herbon, with Geoffrey M. Herbon of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

Gilbert H. Kelley appeals from the judgment granting summary judgment to Kadinger Marine Service, Inc., and from the order denying his motion to reconsider and vacate the judgment. Kelley argues that genuine factual issues remain regarding whether he was a "seaman" eligible for coverage under the Jones Act and, therefore, that the trial court erred in granting summary judgment.1 We agree with Kelley and reverse.

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