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SUPREME COURT OF WISCONSIN
Case No.:

96-1998

Complete Title of Case:

Jay W. Smith and Debra J. Smith, Plaintiffs, West Bend Mutual Insurance Company, Intervenor-Plaintiff-Respondent, v. Paul Katz, d/b/a Underroof Building and Design and Robert L. Reisinger, Jr., Defendants, Philip A. Giuffre, Defendant-Third-Party Plaintiff-AppellantPetitioner, David A. and Mary A. Stawski, Third-Party Defendants. ON RECONSIDERATION FROM THE WI SUPREME COURT Previously reported at: 218 Wis. 2d 442, 578 N.W.2d 202 (1998) June 22, 1999 January 6, 1999

Opinion Filed: Submitted on Briefs: Oral Argument:

Source of APPEAL COURT: COUNTY: JUDGE:

JUSTICES: Concurred: Dissented: Not Participating:

ATTORNEYS:

For the defendant-third-party plaintiff-

appellant-petitioner there were letter briefs by Kent A. TessMattner and Schmidt & Rupke, S.C., Brookfield and oral argument by Kent A. Tess-Mattner.

For the intervenor-plaintiff-respondent there was

a letter brief by Michael R. Vescio and Jeffrey Leavell, S.C., Racine and oral argument by Jeffrey L. Leavell.

No. 96-1998

NOTICE
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 96-1998 STATE OF WISCONSIN : IN SUPREME COURT

Jay W. Smith and Debra J. Smith, Plaintiffs, West Bend Mutual Insurance Company, Intervenor-Plaintiff-Respondent, v. Paul Katz, d/b/a Underroof Building and Design and Robert L. Reisinger, Jr., Defendants, Philip A. Giuffre, Defendant-Third-Party PlaintiffAppellant-Petitioner, David A. and Mary A. Stawski, Third-Party Defendants. REVIEW of a decision of the Court of Appeals.

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