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GALLAGHER v. GRANT-LAFAYETTE ELEC. CO-OP.

No. 01-0233.

249 Wis.2d 115 (2001)

2001 WI App 276

637 N.W.2d 80

James M. GALLAGHER and Patricia A. Gallagher, Plaintiffs-Appellants, v. GRANT-LAFAYETTE ELECTRIC COOPERATIVE n/k/a Scenic Rivers Energy Cooperative, and Federated Rural Electric Insurance Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 25, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Frank M. Tuerkheimer and James A. Friedman of LaFollette Godfrey & Kahn of Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Denis R. Vogel of Wheeler, Van Sickle & Anderson, S.C. of Madison.

Before Vergeront, P.J., Roggensack and Deininger, JJ.

¶ 1. VERGERONT, P.J.

James and Patricia Gallagher appeal the trial court order dismissing their claims of trespass and negligence against Grant-Lafayette Electric Cooperative.1 Their claims arose out of the Cooperative's use of a herbicide2 to clear trees and brush under its electric power line on the Gallaghers' property. We conclude the Cooperative's right-of-way easement included those steps reasonably...

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