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MONFILS v. TAYLOR

Nos. 97-2338, 97-4179.

165 F.3d 511 (1998)

Susan MONFILS, as special administrator of the Estate of Thomas Monfils, Susan Monfils, Theresa Monfils, and John-Thomas Monfils, by Bruce R. Bachhuber, guardian ad litem, Plaintiffs-Appellees, v. James TAYLOR; City of Green Bay, a municipal corporation, City of Green Bay Police Dept., Cities and Villages Mutual Insurance Company, a Wisconsin insurance corporation, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1998.

Rehearing and Suggestion for Rehearing Denied January 28, 1999.

Attorney(s) appearing for the Case

Michael R. Fox (argued), Fox & Fox, Madison, WI, Bruce R. Bachhuber, Hanaway, Weidner, Bachhuber, Woodward & Maloney, S.C., Green Bay, WI, for Plaintiffs-Appellees.

Gregg J. Gunta, Decker & Gunta, Milwaukee, WI, for Defendant-Appellant.

Before FLAUM, MANION, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 28, 1999.

TERENCE T. EVANS, Circuit Judge.

It was a gruesome discovery. On a Sunday night in November of 1992, a two-story pulp vat at the James River Paper Mill in Green Bay, Wisconsin, was drained. The body of a James River employee, Thomas Monfils, was discovered at the bottom of the vat. The body was mutilated—the vat had propellers that stirred the thick pump mixture. A rope, with a...

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