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PATIENTS COMPENSATION FUND v. ST. MARY'S HOSP.

No. 95-3294.

209 Wis.2d 17 (1997)

561 N.W.2d 797

WISCONSIN PATIENTS COMPENSATION FUND, a State Agency, Plaintiff-Appellant, v. ST. MARY'S HOSPITAL OF MILWAUKEE, a Wisconsin Nonstock Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 18, 1997.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Godfrey & Kahn, S.C., with William H. Levit, Jr., Michael B. Apfeld and Raymond J. Manista of Milwaukee, and oral argument by William H. Levit, Jr.

For the defendant-respondent there were briefs by O'Neil, Cannon & Homman, S.C., with Thomas G. Cannon and Dean P. Laing of Milwaukee, and oral argument by Dean P. Laing.

Before Fine, Schudson and Curley, JJ.

SCHUDSON, J.

The Wisconsin Patients Compensation Fund (PCF) appeals from the trial court's summary judgment dismissing its action against St. Mary's Hospital of Milwaukee. PCF alleged that St. Mary's failed to comply with the requirements of § 655.23(3), STATS. (1983-84),1 and, therefore, was not entitled to receive approximately $3.6 million in excess insurance payments for three claims...

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