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WALTER D. GIERTSEN CO. v. STATE

34 Wis.2d 114 (1967)

WALTER D. GIERTSEN COMPANY and another, d/b/a GROVES-GIERTSEN, Appellants, v. STATE, Respondent.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Jasper, Winner, Perina & Rouse of Madison, attorneys, and Carlsen, Greiner & Law of Minneapolis, Minnesota, of counsel, and oral argument by John D. Winner and Wellington H. Law.

For the respondent the cause was argued by Richard E. Barrett, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and E. Gordon Young, assistant attorney general.

GORDON, J.

The plaintiffs are contractors who had agreed with the state to build certain bridges which, during construction, were flooded by high water. The damages resulting from that flooding are the subject of this lawsuit. The trial court found that the state withheld material information from the appellants; we must determine whether this fact entitles the plaintiffs to recover in this action.

At the time that bids were being prepared, the contractors...

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