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ARCHAMBAULT v. A-C PRODUCT LIABILITY TRUST

No. 95-3266.

205 Wis.2d 400 (1996)

556 N.W.2d 392

Gerald ARCHAMBAULT, Robert B. Weber and Robert J. Kotera, Plaintiffs-Appellants, v. A-C PRODUCT LIABILITY TRUST, Acands Inc., Bethlehem Steel Corp., Champion International, Coltec Industries, Inc., Combustion, Engineering, Inc., Crane Company, Durametallic, Federal-Mogul Corp., General Electric Company, General Signal Corp., Goodall Rubber Co., B.F. Goodrich, Goodyear Tire & Rubber Co., IMO Industries, Ingersoll-Rand Corporation, John Crane, Inc., Owens-Corning Fiberglas Corp., PPG Industries, Inc., Sherwin-Williams Co., USX Corporation, Westinghouse Electric Corp., Armstrong World Industries, Certainteed Corp., Dana Corp., GAF Corporation, Union Carbide Corporation, United States Gypsum Company and Dresser Industries, Inc., Defendants-Respondents, FKI INDUSTRIES, INC., Flintkote Co., General Refractories and The Okonite Co., Defendants.

Court of Appeals of Wisconsin.

Decided October 8, 1996.

Attorney(s) appearing for the Case

On behalf of plaintiffs-appellants, the cause was submitted on the briefs of Leonard C. Jaques and Judith A. Schornack-Smith and The Jaques Admiralty Law Firm, P.C. of Detroit, MI, and Michael W. Lien and Stauber & Lien of Duluth, MN.

On behalf of defendants-respondents there was a brief by Trevor J. Will and Foley & Lardner of Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Appellants Gerald Archambault, Robert Kotera and Robert Weber appeal a trial court order dismissing their claims for defective service of an amended complaint upon the parties. Appellants assert that § 801.02(1), STATS., which requires service of a summons and complaint within sixty days of filing, does not apply to service of amended complaints. We disagree and affirm.

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