CONSOLIDATED PAPERS v. DORR-OLIVER

No. 89-0395.

153 Wis.2d 589 (1989)

451 N.W.2d 456

CONSOLIDATED PAPERS, INC. and Arkwright-Boston Manufacturing Mutual Life Insurance Company, Plaintiffs-Appellants, v. DORR-OLIVER, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 7, 1989.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Robins, Kaplan, Miller & Ciresi, by Thomas L. Hamlin, John C. Knoepfler and James P. Coy, of Minneapolis, Minnesota, and Brazeau, Potter, Wefel & Nettesheim, by Nicholas J. Brazeau, of Wisconsin Rapids, and oral argument by Robins, Kaplan, Miller & Ciresi, by John C. Knoepfler, of Minneapolis, Minnesota, and Brazeau, Potter, Wefel & Nettesheim, by Walter G. Wefel, of Wisconsin Rapids.

For the defendant-respondent there were briefs and oral argument by Anderson, Shanon, O'Brien, Rice & Benz by Russell T. Golla, of Stevens Point.

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


GARTZKE, P.J.

Consolidated Papers, Inc., and Arkwright-Boston Manufacturing Mutual Life Insurance Company ("Consolidated") appeal from a summary judgment dismissing their claims against Dorr-Oliver, Inc. They allege that Dorr-Oliver is liable under various theories for the failure of a white liquor clarifier, a machine Dorr-Oliver sold to Consolidated.

We deem the issues to be whether (1) Dorr-Oliver made factual misrepresentations regarding the clarifier...

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