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Civil Procedure; Claim preclusion

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

Civil Procedure; Claim preclusion

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

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Civil Procedure
Claim preclusion

Tenneco, Inc., appeals an order granting summary judgment in favor of Gulf Underwriters Insurance Company and Elmridge Group, McClain Group, Elmridge Holdings, and McClain Industries (collectively, McClain) dismissing Tenneco’s third-party complaint against these defendants. The circuit court concluded that Tenneco’s third-party complaint was barred by this court’s decision affirming on appeal the circuit court’s prior dismissal order on summary judgment of Tenneco’s cross-claims against these same defendants. Berg v. Gulf Underwriters Ins. Co., No. 2007AP1629, unpublished slip op. (WI App June 26, 2008) (Berg I). We conclude Tenneco’s third-party claims were properly dismissed. Affirmed. Not recommended for publication in the official reports.

2010AP1695 Berg v. General Casualty Ins. Co. of Wisconsin

Dist. IV, La Crosse County, Bjerke, J., Vergeront, J.

Attorneys: For Appellant: Gill, Cheryl M., La Crosse; Veenstra, Joseph G., La Crosse; For Respondent: Gilligan, Thomas A., Jr., St. Paul, Minn.; O’Connell, Nicholas John, St. Paul, Minn.

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