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MULLENBERG v. KILGUST MECHANICAL, INC.

No. 99-2118-CQ.

235 Wis.2d 770 (2000)

2000 WI 66

612 N.W.2d 327

Roger B. MULLENBERG, Plaintiff, v. KILGUST MECHANICAL, INC., Defendant-Third-Party Plaintiff-Appellant, FRANKENMUTH MUTUAL INSURANCE COMPANY, Defendant-Appellant, v. GREAT WEST CASUALTY COMPANY, Third-Party Defendant-Appellee.

Supreme Court of Wisconsin.

Decided June 23, 2000.

Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellant and the defendant-appellant there were briefs by Susan R. Tyndall, Ned J. Czajkowski and Hinshaw & Culbertson, Milwaukee, and oral argument by Susan R. Tyndall.

For the third party defendant-appellee there was a brief by Peter F. Mullaney and Peterson, Johnson & Murray, S.C., and oral argument by Peter F. Mullaney.

¶ 1. WILLIAM A. BABLITCH, J.

This is a certification of a question of law from the United States Court of Appeals for the Seventh Circuit, pursuant to Wis. Stat. § 821.01 (1995-96).1 The question certified for determination is:

Whether Wis. Stat. § 194.41 because of its use of the term "negligent operation" requires insurers to cover the loading activities of third-parties and, if not, whether Wis. Stat. §...

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