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WISCONSIN NATURAL GAS CO. v. GABE'S CONST. CO.

No. 97-0734.

220 Wis.2d 14 (1998)

582 N.W.2d 118

WISCONSIN NATURAL GAS COMPANY, Plaintiff-Respondent, v. GABE'S CONSTRUCTION CO., INC. and The Transportation Insurance Company, Defendants-Appellants, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, Pennsylvania, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Decided May 5, 1998.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Edward A. Hannan and Jane F. Carrig of Hannan, Siesennop & Sullivan, of Milwaukee.

On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Ross A. Anderson and Marci K. Winga of Whyte Hirschboeck Dudek S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael J. Gonring, Jeffrey Morris and Margaret C. Kelsey of Quarles & Brady, of Milwaukee.

Before Fine, Schudson and Curley, JJ.

FINE, J.

Gabe's Construction Co., Inc., and its insurers, Transportation Insurance Company and National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, appeal from the trial court's grant of summary judgment to the Wisconsin Natural Gas Company on its suit to enforce an agreement by Gabe's Construction to indemnify Wisconsin Natural Gas. We reverse.

I.

The material facts on this appeal are not disputed. Over the years, Wisconsin Natural Gas...

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