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K.W. v. BANAS

No. 94-3070-LV.

191 Wis.2d 354 (1995)

529 N.W.2d 253

K.W., Plaintiff-Respondent, v. Charles W. BANAS, Jr., Defendant-Respondent, AETNA CASUALTY & SURETY COMPANY, Defendant-Petitioner-Appellant.

Court of Appeals of Wisconsin.

Decided January 31, 1995.

Attorney(s) appearing for the Case

For the defendant-petitioner-appellant the cause was submitted on the petition of John D. Bird, Jr. of Bird, Martin & Salomon, S.C. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the response of Lori L. Schultz and Robert M. Courtney of Courtney & Molter, S.C. of Milwaukee.

For the defendant-respondent the cause was submitted on the response of M. Christine Cowles and Michael D. Stotler of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

PER CURIAM.

Aetna Casualty & Surety Company has filed a notice of appeal from a trial court order denying its motion for a stay of the underlying proceedings and denying its motion for summary judgment. Charles W. Banas, Jr., is being sued by K.W. for damages. Aetna, Banas's insurer, sought summary judgment arguing that it had no duty to defend. Banas and K.W. argue that the order from which Aetna appeals is not final and that Aetna's appeal should be dismissed...

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