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SIVA TRUCK LEASING v. KURMAN DISTRIBUTORS

No. 91-0599.

166 Wis.2d 58 (1991)

479 N.W.2d 542

SIVA TRUCK LEASING, INC., Plaintiff-Appellant, v. KURMAN DISTRIBUTORS, DIVISION OF S. ABRAHAM & SONS, INC., Defendant-Respondent, CALUMET DISTRIBUTING, INC., d/b/a D. Kurman Company, and Richard K. Sattler, Defendants.

Court of Appeals of Wisconsin.

Decided December 3, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Hodan & Doster, S.C. by Theodore J. Hodan, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Atinsky, Kahn, Sicula & Teper by William S. Mautner, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

MOSER, P.J.

Siva Truck Leasing, Inc., (Siva) and Kurman Distributors, Division of S. Abraham and Sons, Inc. (Abraham) disagree as to whether certain conduct of Abraham constitutes a violation of ch. 406, Stats., uniform commercial code—bulk transfers1 and whether certain statements made by Siva create a novation and/or estop Siva from prosecuting its claim. Siva appeals from an order of the trial court granting summary judgment...

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