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METROPOLITAN SEWERAGE COMM. v. R. W. CONST.

No. 676 (1974).

72 Wis.2d 365 (1976)

241 N.W.2d 371

METROPOLITAN SEWERAGE COMMISSION OF COUNTY OF MILWAUKEE, Respondent, v. R. W. CONSTRUCTION, INC., and another, Appellants.

Supreme Court of Wisconsin.

Decided May 4, 1976.

Attorney(s) appearing for the Case

For R. W. Construction, Inc., there were briefs by Elwin J. Zarwell, Peter W. Bunde, Ronald L. Wallenfang and Quarles & Brady, attorneys, and Joseph Swietlik and Laikin, Swietlik & Laikin, of counsel, all of Milwaukee, and oral argument by Mr. Zarwell.

For Fidelity and Deposit Company of Maryland there were briefs by John & Meyer of Milwaukee.

For the respondent there was a brief by Ewald L. Moerke, Jr., Robert Arthur Melin and Schroeder, Gedlen, Riester & Moerke, of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

A brief amicus curiae was filed by Harold I. Rosen, John A. McWhorter and King & King, Chartered, of Washington, D. C., for the Associated General Contractors of America.

WILKIE, C. J.

This appeal involves a controversy over the construction on behalf of the plaintiff-respondent Metropolitan Sewerage Commission of the County of Milwaukee (MSC) of an 8,300-foot segment of underground concrete sewer beneath South 84th Street in West Allis, Wisconsin, running from West Adler to West Grant. The sewer was to have a diameter of 8 feet and was to be located about 100 feet below ground. It was to be one segment of a gravity-flow sewer system...

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