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Wisconsin Mut. Ins. Co. v. Western Mut. Fire Ins. Co.

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


November 3, 1939

WISCONSIN MUT. INS. CO.
v.
WESTERN MUT. FIRE INS. CO.

Appeal from the District Court of the United States for the Western District of Wisconsin; Patrick T. Stone, Judge.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

Per Curiam.

Plaintiff instituted this suit in the District Court for the Western District of Wisconsin, and defendant moved to quash service. Its motion was denied. Defendant thereupon appealed to this court, and plaintiff moved to dismiss the appeal because the order denying the motion to quash service is not appealable.

While the early authorities may have been somewhat conflicting, it is now clear that an order granting a motion to quash service is appealable.*fn1 An order denying a motion to quash service is not appealable.*fn2

The motion to dismiss is granted.


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