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KRAWCZYK v. BANK OF SUN PRAIRIE

Nos. 95-0249, 95-1298.

203 Wis.2d 556 (1996)

553 N.W.2d 299

Edmund J. KRAWCZYK, Special Trustee of the Wanderer's Rest Interment Society Perpetual Care Trust Fund, Plaintiff-Appellant, v. BANK OF SUN PRAIRIE, William J. Livingston and Virginia Surety Co., Inc., Individually, Corporately, or as the Assignees of Wanderer's Rest Cemetery, Inc., Glenview Service Corporation and Raymond Turner, Defendants-Third-Party Plaintiffs-Respondents, J. David KREKELER, Collins, Beatty & Krekeler, S.C., Third-Party Defendant, A. G. EDWARDS & SONS, INC., Third-Party Defendant-Co-Appellant, NATIONAL UNION FIRE INSURANCE COMPANY of Pittsburgh, Third-Party Defendant, GLENVIEW MEMORIAL GARDENS, a Wisconsin Cemetery Association, Plaintiff-Appellant, v. BANK OF SUN PRAIRIE, William J. Livingston and Virginia Surety Co., Inc., Defendants-Third-Party Plaintiffs-Respondents. Edmund J. KRAWCZYK, Special Trustee of the Wanderer's Rest Interment Society Perpetual Care Trust Fund, Plaintiff, v. BANK OF SUN PRAIRIE, Defendant-Third-Party Plaintiff, William J. LIVINGSTON and Virginia Surety Co., Inc., Individually, Corporately, or as the Assignees of Wanderer's Rest Cemetery, Inc., Glenview Service Corporation and Raymond Turner, Defendants-Third-Party Plaintiffs-Respondents, v. J. David KREKELER, Collins, Beatty & Krekeler, S.C., A. G. Edwards & Sons, Inc., and National Union Fire Insurance Company of Pittsburgh, Third-Party Defendants, The OHIO CASUALTY INSURANCE COMPANY, Appellant. GLENVIEW MEMORIAL GARDENS, a Wisconsin Cemetery Association, Plaintiff, v. BANK OF SUN PRAIRIE, Defendant-Third-Party Plaintiff, William J. LIVINGSTON and Virginia Surety Co., Inc., Defendants-Third-Party Plaintiffs-Respondents, The OHIO CASUALTY INSURANCE COMPANY, Appellant.

Court of Appeals of Wisconsin.

Decided July 25, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants and appellant the cause was submitted on the briefs of Bruce Gillman of Tomlinson, Gillman & Rikkers, S.C. of Madison, and Frederick E. Reindenbach of Wesolowski, Reidenback & Romell of Franklin.

For the third-party defendant-co-appellant A.G. Edwards & Sons, Inc., the cause was submitted on the briefs of Daniel W. Stolper of Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the defendants-third-party plaintiffs-respondents William J. Livingston and Virginia Surety Company, Inc., the cause was submitted on the brief of James R. Cole and James M. Brennan of Quarles & Brady of Madison, David J. Harth of Foley & Lardner of Madison, and Paul F. Matousek of Lord, Bissell & Brook of Chicago, Illinois.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Plaintiffs Edmund J. Krawczyk, as special trustee of a cemetery trust fund, and Glenview Memorial Gardens appeal from an order dismissing their claims against William Livingston and his insurer. A.G. Edwards & Sons, a third-party defendant, appeals from the same order. Ohio Casualty appeals from an order denying its motion to substitute for plaintiffs and Livingston's employer, the Bank of Sun Prairie, in their claims against Livingston. We consolidated...

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