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TROUTMAN v. FMC CORP.

No. 83-374.

115 Wis.2d 683 (1983)

340 N.W.2d 581

Rob TROUTMAN, Plaintiff-Appellant, v. FMC CORPORATION, a foreign corporation, Defendant-Respondent, BOLENS CORPORATION, a Wisconsin corporation, First Wisconsin National Bank, a national bank, and First Wisconsin Finance Corporation, and Charles Harp and Richard Kreckel, Defendants.

Court of Appeals of Wisconsin.

Decided October 26, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Charles W. Oppitz, of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of Robert L. Mann of Kohner, Mann & Kailas, S.C., of Milwaukee.

Before Scott, C.J., Voss, P.J., and Brown, J.

BROWN, J.

A roofing subcontractor, Rob Troutman, appeals from several rulings of the trial court which effectively dismissed FMC Corporation, the owner of the building in question, as a party to the action. At the base of this action is an attempt by Troutman to recover the contract price of $37,200 for work done on FMC's roof by lien foreclosure. Although Troutman's notice to FMC was defective, no determination was made by the trial court, pursuant to sec. 779.02...

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