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KOSCIELAK v. STOCKBRIDGE-MUNSEE COMMUNITY

No. 2011AP364.

811 N.W.2d 451 (2012)

2012 WI App 30

Robert J. KOSCIELAK and Mary J. Koscielak, Plaintiffs-Appellants, United States Department of Health & Human Services (Medicare Part A), Wisconsin Physicians Service Insurance Corporation (Medicare Part B) and United Healthcare Services, Inc., Subrogated-Plaintiffs, v. STOCKBRIDGE-MUNSEE COMMUNITY, d/b/a Pine Hills Golf Course & Supper Club and First Americans Insurance Group, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed February 14, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Jean J. Brown of Jastroch & LaBarge, S.C., Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Gregory B. Conway and Patrick M. Blaney of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

Before HOOVER, P.J., PETERSON and MANGERSON, JJ.

MANGERSON, J.

¶ 1 Robert and Mary Koscielak appeal a judgment dismissing their tort claims against the Stockbridge-Munsee Community (the Tribe), d/b/a Pine Hills Golf Course and Supper Club (Pine Hills), and its insurer, First Americans Insurance Group, Inc. The circuit court concluded tribal immunity barred the Koscielaks' claims. We agree and affirm.

BACKGROUND

¶ 2 The Stockbridge-Munsee Community is a federally-recognized Indian tribe...

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