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JAS. W. THOMAS CONST. CO., INC. v. MADISON

No. 75-294.

79 Wis.2d 345 (1977)

255 N.W.2d 551

JAMES W. THOMAS CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. CITY OF MADISON, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Arvin A. Sather, Benjamin W. Laird and Michael, Best & Friedrich, and oral argument by Arvin A. Sather, all of Madison.

For the respondent the cause was argued by Larry W. O'Brien, deputy city attorney, with whom on the brief was Henry A. Gempeler, city attorney.

DAY, J.

The plaintiff-appellant, James W. Thomas Construction Co. (Thomas), a Madison general contractor, brought suit against the defendant-respondent city of Madison to enforce a lien on the city-owned Hartmeyer Ice Arena. The appeal is from a July 29, 1975 judgment sustaining a demurrer without permission to replead. The issue is whether the amended complaint states facts sufficient to constitute a cause of action.

The facts as adduced by the complaint...

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