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BARNES v. WISCO HOTEL GROUP

No. 2008AP1884.

767 N.W.2d 352 (2009)

2009 WI App 72

Douglas BARNES and Jeffrey P. McCarthy, Plaintiffs-Appellants, Wisconsin Department of Justice, Involuntary-Plaintiff, Stephanie L. Davey, Plaintiff, v. WISCO HOTEL GROUP, Comfort Suites of Oak Creek and Transcontinental Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 21, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants and involuntary plaintiff, the cause was submitted on the brief of Paul E. Bucher of Gatzke & Ruppelt, S.C. of New Berlin.

On behalf of the defendants-respondents, the cause was submitted on the brief of David J. Farley and Joshua B. Cronin of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before CURLEY, P.J., FINE and BRENNAN, JJ.

¶ 1 BRENNAN, J.

Douglas Barnes and Jeffrey P. McCarthy (Barnes/McCarthy) appeal from an order dismissing them from the lawsuit Stephanie L. Davey filed against WISCO Hotel Group, Comfort Suites of Oak Creek and Transcontinental Insurance Company ("WISCO"). Barnes/McCarthy argue that the trial court should have allowed the amended complaint to add them as additional plaintiffs because their claims "relate back" to the original complaint under WIS. STAT. §...

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