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MINNESOTA FIRE & CAS. INS. v. PAPER RECYC.

Nos. 99-0327, 99-0858.

244 Wis.2d 290 (2001)

2001 WI 64

627 N.W.2d 527

MINNESOTA FIRE & CASUALTY INSURANCE COMPANY, a Minnesota corporation, Plaintiff-Respondent, v. PAPER RECYCLING OF LA CROSSE, a Wisconsin corporation and General Casualty Company, a Wisconsin corporation, Defendants-Appellants-Petitioners. Joyce A. DEVENPORT, Individually and as Personal Representative of the Estate of Daniel Raymond Devenport, Deceased, Plaintiff-Appellant, v. PAPER RECYCLING COMPANY, and Regent Insurance Company, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 14, 2001.

Attorney(s) appearing for the Case

For defendants-appellants-petitioners, Paper Recycling of La Crosse and General Casualty Company, and for defendants-respondents-petitioners, Paper Recycling Company and Regent Insurance Company, there were briefs by James G. Curtis and Hale, Skemp, Hanson, Skemp & Sleik, La Crosse, and oral argument by James G. Curtis.

For plaintiff-appellant, Joyce A. Devenport, there was a brief by Dean R. Rohde and Bye, Goff & Rohde, Ltd., River Falls, and oral argument by Dean R. Rohde.

For plaintiff-respondent, Minnesota Fire & Casualty Insurance Company, there was a brief by Tony R. Krall, John F. Cook and Hanson, Lulic & Krall, Minneapolis, Minnesota, and oral argument by John F. Cook.

¶ 1. N. PATRICK CROOKS, J.

The petitioner, Paper Recycling of La Crosse, Inc. (Paper Recycling), seeks review of an unpublished court of appeals decision. Two La Crosse County Circuit Court cases were consolidated for appeal purposes because the cases resulted from the same fact situation and presented the same issue. In the first case, the circuit court, Judge Dennis G. Montabon presiding, held that Paper Recycling was not entitled to recreational immunity under...

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