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PHILLIPS PETROLEUM v. BUCYRUS-ERIE CO.

No. 84-152.

131 Wis.2d 21 (1986)

388 N.W.2d 584

PHILLIPS PETROLEUM COMPANY, Norway, American Petrofina Exploration Company of Norway, Norsk Agip A/S, Norsk Hydro A/S, Elk Norge A/S, Total Marine Norsk A/S, Aquitaine Norge, A.D., Eurafrep Norge A/S, Coparex Norge A/S, Cofranord A/S, American International Reinsurance Company and Walter Insurance Limited, Plaintiffs-Respondents and Cross-Appellants-Petitioners, v. BUCYRUS-ERIE COMPANY, Bucyrus Disc, Inc. and Richard L. Johnson Company, Inc., Defendants-Appellants and Cross-Respondents, DeZEEUW TRADING COMPANY, LTD., a/k/a Trading Company, DeZeeuw, Ltd., Defendant.

Supreme Court of Wisconsin.

Decided June 23, 1986.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Kurt H. Frauen, David B. Bartel and Borgelt, Powell,Peterson & Frauen, S.C., Milwaukee, and William G. Paul, general counsel, C.J. Roberts associate general counsel, and C.H. Purdy, all of Bartlesville, Oklahoma, of counsel, for Phillips Petroleum Company, and oral argument by Kurt H. Frauen.

For the defendants-appellants and cross-respondents there was a brief by Laurence C. Hammond, Jr., Mary Pat Ninneman and Quarles & Brady, Milwaukee, and oral argument by Ms. Ninneman.

HEFFERNAN, CHIEF JUSTICE.

This is a review of a decision of the court of appeals1 which reversed a judgment of the circuit court for Milwaukee county, Michael D. Goulee, circuit judge, awarding Phillips Petroleum Company, Norway, in excess of $1,600,000 in a breach of contract and negligence action against Bucyrus-Erie Company. We reverse the decision of the court of appeals and reinstate the...

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