No. 82-1916. Argued October 26, 1982. Decided December 23, 1982. Thomas L. Shriner, Jr., Foley Lardner, Milwaukee, Wis., for defendant and third-party defendant-appellant. James A. Baxter, Schellinger Doyle, S.C., Milwaukee, Wis., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of Wisconsin. Before PELL, Circuit Judge, SWYGERT, Senior Circuit Judge, and MAROVITZ, Senior District Judge. Abraham Lincoln Marovitz, Senior District Judge of the Northern District