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SCHMIDT v. NORTHERN STATES POWER CO.

No. 2005AP862.

724 N.W.2d 354 (2006)

2006 WI App 201

Ralph SCHMIDT and Karline Schmidt, Plaintiffs, August C. Heeg, Jr., and Joanne Heeg, Plaintiffs-Appellants, v. NORTHERN STATES POWER COMPANY d/b/a Xcel Energy, St. Paul Fire & Marine Insurance Company and Associated Electric & Gas Insurance Services Limited d/b/a Aegis Insurance Services, Inc., and/or Aegis Security Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 28, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Charles A. Bird and Andrea B. Niesen of Bird, Jacobsen & Stevens, Rochester, Minnesota, and Timothy S. Jacobson and James R. Koby of O'Flaherty Heim Egan, Ltd., La Crosse.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael J. Happe of Ryberg & Happe, S.C., Eau Claire, and Steven F. Stanaszak of Whyte Hirschboeck Dudek, S.C., Milwaukee.

Before LUNDSTEN, P.J., and VERGERONT and DEININGER, JJ.

¶ 1 DEININGER, J.

Joanne and August Heeg appeal a judgment dismissing their claims against Northern States Power Company. They claim that the circuit court erred in determining on summary judgment that their claims were barred by the six-year statute of limitations, WIS. STAT. § 893.52 (2003-2004).1 We conclude the facts of this case do not present a situation where uncontroverted...

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