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RILEY CONSTRUCTION CO. v. SCHILLMOELLER & KROFL CO.

Nos. 50-52 (1974).

70 Wis.2d 900 (1975)

236 N. W. 2d 195

RILEY CONSTRUCTION COMPANY, INC., Respondent, v. SCHILLMOELLER & KROFL COMPANY, INC., Defendant: ARGONAUT INSURANCE COMPANY, Appellant. ARNOLD P. JOHNSON, INC., Respondent, v. SCHILLMOELLER & KROFL COMPANY, INC., Defendant: ARGONAUT INSURANCE COMPANY, Appellant. MATSON, Respondent, v. SCHILLMOELLER & KROFL COMPANY, INC., Defendant: ARGONAUT INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Arvid A. Sather of Madison.

For the respondents the cause was submitted on the brief of Phillips, Richards & Mayew of Kenosha.

Submitted under sec. (Rule) 251.54 October 30, 1975.

WILKIE, C. J.

This appeal involves three summary judgments in favor of the plaintiff-subcontractors, Riley Construction Company, Arnold P. Johnson, Inc., and Stanley J. Matson, against the defendant-surety, Argonaut Insurance Company, on a payment bond given by the insurance company and the general contractor, Schillmoeller & Krofl Company, Inc.

Summary judgment should not have been granted....

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