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WESTPORT SAND & GRAVEL v. HOLDMANN

No. 90-0557.

159 Wis.2d 613 (1990)

464 N.W.2d 676

WESTPORT SAND & GRAVEL CO., INC., a Wisconsin Corporation, Plaintiff-Appellant, v. Robert HOLDMANN, and E. Erica Holdmann, Defendants-Respondents, Robert WIPPERFURTH, and Wipperfurth Excavating, Inc., Third Party Defendant-Respondent, F.H. RAEMISCH & SONS, INC., Third Party Defendant.

Court of Appeals of Wisconsin.

Decided November 29, 1990.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs by J. Thomas Haley, of Madison.

For the defendants-respondents, Robert Holdmann and E. Erica Holdmann, the cause was submitted on the briefs of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., by Anthony R. Varda, of Madison.

For the third party defendant-respondent, Robert Wipperfurth, and Wipperfurth Excavating, Inc., the cause was submitted on the briefs of Ross & Stevens, S.C., by Kim Grimmer and Robert E. Shumaker, of Madison.

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

PER CURIAM.

At the request of the respondents, Robert and E. Erica Holdmann, we have reconsidered our order denying their motion to partially dismiss the appeal of Westport Sand and Gravel Co., Inc. We confirm our order, but because of the frequency with which this issue arises, we recommend that our opinion be published to provide guidance to the bar.

Westport brought an action against the Holdmanns and Great Midwest Savings and Loan Association. The Holdmanns...

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