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MIDWHEY POWDER CO. v. CLAYTON INDUSTRIES

No. 89-2105.

157 Wis.2d 585 (1990)

460 N.W.2d 426

MIDWHEY POWDER CO., INC., Cassel Garden Farmers' Cooperative Cheese Company, and Hillside Cooperative Cheese Manufacturing Association, Plaintiffs-Appellants, v. CLAYTON INDUSTRIES, and Roedel-Hanson & Associates, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 7, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of J. Ric Gass and Sharon S. Moyer of Kasdorf, Lewis & Swietlik, S.C. and the oral argument of J. Ric Gass of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of W. Stuart Parsons, Donald K. Schott and Erica M. Eisinger of Quarles & Brady and the oral argument of Erica M. Eisinger of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Midwhey Powder Co., Inc., appeals a summary judgment dismissing its complaint alleging negligence, strict liability and other claims against Clayton Industries and Roedel-Hanson & Associates, Inc., (collectively Clayton) the manufacturer and seller, respectively, of steam generators used as part of a system to generate electric power. Midwhey alleges that: (1) It is entitled to assert a tort claim against Clayton because the defect alleged in the steam...

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