LUECK IMPROVE v. SEAL TITE

No. 86-1871.

142 Wis.2d 843 (1987)

419 N.W.2d 340

LUECK'S HOME IMPROVEMENT, INC., and Carl Lueck, Intervenors-Plaintiffs-Appellants and Cross-Respondents, STATE of Wisconsin, Plaintiff, v. SEAL TITE NATIONAL, INC., a domestic corporation, Herbert C. Kesler, Richard J. Salm and David G. Werner, individually and as officers of said corporation, Defendants-Respondents and Cross-Appellants.

Court of Appeals of Wisconsin.

Decided December 30, 1987.


Attorney(s) appearing for the Case

For the intervenors-plaintiffs-appellants and cross-respondents the cause was submitted on the briefs of Christopher R. Kindt and Nolan, Engler, Yakes & Bauer, S.C., of Oshkosh.

On behalf of the State there were briefs by Bronson C. La Follette, attorney general, and David J. Gilles, assistant attorney general.

For the defendants-respondents and cross-appellants there were briefs by Gary L. Antoniewicz and Leslie F. Kramer and Antoniewicz, Gregg & Rona, S.C., of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.


SUNDBY, J.

Lueck's Home Improvement, Inc., appeals an order denying reconsideration of the denial of its claim for restitution1 from Seal Tite National, Inc., under a stipulation between Seal Tite and the state and an order pursuant to secs. 100.18(11)(d) and 553.54(2)(a), Stats. The issue is whether the trial court abused its discretion in denying Lueck's claim because its itemized schedule of returnable supplies, inventory and equipment...

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