(DOWNLOAD) "Barbara Schulte and James Schulte V." by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Barbara Schulte and James Schulte V.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 04, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This case comes before the court on petition for review of a court of appeals decision, Schulte v. Frazin, 168 Wis. 2d 709, 484 N.W.2d 573 (Ct. App. 1992), which reversed an order of the circuit court for Milwaukee County, David v. Jennings, Jr., Circuit Judge. The circuit court Judges order dismissed the plaintiff Schultes (the Schultes) complaint and the cross-claim and counterclaim of subrogated insurer Compcare Health Services Insurance Corporation (Compcare) with prejudice because the Schultes and the defendants had settled and the court had granted the Schultes motion to extinguish Compcares subrogation rights. The sole issue on review is whether Compcare may recover the subrogated amount. The circuit court held it could not, and the court of appeals reversed. Because the court of appeals holding creates the inequitable prospect of Compcares competing with the Schultes for funds which indisputably fail to make the Schultes whole, we reverse.
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