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IN MATTER OF LIQUIDATION OF WIS. SURETY

No. 81-447.

111 Wis.2d 194 (1983)

330 N.W.2d 768

IN the MATTER OF the LIQUIDATION OF WISCONSIN SURETY CORPORATION, a Wisconsin insurance corporation, A. Roy Anderson, Special Deputy Commissioner of Insurance of the State of Wisconsin, as liquidator: H.L. MUNCH COMPANY, INC., Claimant-Appellant-Petitioner, v. A. Roy ANDERSON, Special Deputy Commissioner of Insurance of State of Wisconsin, as liquidator, Respondent.

Supreme Court of Wisconsin.

Decided March 1, 1983.

Attorney(s) appearing for the Case

For the appellant-petitioner there were briefs by John T. Clark and Miller, Magyera & Clark, S.C., Milwaukee, and oral argument by John T. Clark.

For the respondent there was a brief by Christopher J. Wilcox and La Follette, Sinykin, Anderson & Munson, Madison, and oral argument by Mr. Wilcox.

Reversing and remanding 107 Wis.2d 737, 321 N.W.2d 363 (Ct.App.).

STEINMETZ, J.

The issue of the case is whether under sec. 779.14(1), Stats.,1 a supplier who provides materials which are used or consumed in the performance of a bonded public improvement contract is entitled to recover against the surety where the materials were provided initially pursuant to a general agreement with...

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