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TIFT v. FORAGE KING INDUSTRIES, INC.

No. 80-1724.

108 Wis.2d 72 (1982)

322 N.W.2d 14

Allen TIFT and Calvin Tift, Barron County Department of Social Services, Plaintiffs-Appellants-Petitioners, v. FORAGE KING INDUSTRIES, INC., and Auto-Owners Insurance Company, Defendants-Respondents, Vernon L. NEDLUND, and Woodrow W. Wiberg, d/b/a Forage King Industries or Nedlund Welding Works, Defendants.

Supreme Court of Wisconsin.

Decided July 2, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners there were briefs by David M. Erspamer and Cwayna, Novitzke, Byrnes, Gust & Williams of Amery, and oral argument by Mr. Erspamer.

For the defendants-respondents there was a brief by James E. Garvey and Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire, and oral argument by James E. Garvey.

Reversing and remanding 102 Wis.2d 327, 306 N.W.2d 289.

HEFFERNAN, J.

The question posed in this case is whether a business corporation which acquired substantially all of the assets of a predecessor sole proprietorship but which is substantially the same business organization and manufactures an almost identical product as its predecessor may be liable for injuries caused by a defective...

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