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BANC ONE BLDG. MANAGEMENT CORP. v. W.R. GRACE CO.

Nos. 95-3193, 96-0378.

210 Wis.2d 62 (1997)

565 N.W.2d 154

BANC ONE BUILDING MANAGEMENT CORPORATION, Plaintiff-Appellant, v. W.R. GRACE CO.—CONN., W.R. Grace Co., a/k/a W.R. Grace & Co., Zonolite Division, W.R. Grace & Co., Construction Products Division, W.R. Grace & Co. (As Successor In Interest to Western Mineral Products Company) and United States Gypsum Company, Defendants-Respondents. BANC ONE BUILDING MANAGEMENT CORPORATION, Plaintiff-Appellant, v. W.R. GRACE CO.—CONN., W.R. Grace Co., a/k/a W.R. Grace & Co., Zonolite Division, W.R. Grace & Co. (As Successor In Interest to Western Mineral Products Company) and United States Gypsum Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 1, 1997.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Kent I. Carnell of Lawton & Cates, S.C. of Madison and Kenneth B. McClain and Steven E. Crick of Humphrey, Farrington & McClain, P.C. of Independence, MO.

For the defendant-respondent W.R. Grace & Co.— Conn., the cause was submitted on the brief of Thomas G. Cannon, Dean P. Laing and Gregory W. Lyons of O'Neil, Cannon & Hollman, S.C. of Milwaukee.

For the defendant-respondent United States Gypsum Company, the cause was submitted on the brief of William F. Reilly and Mark G. Blum of Hippenmeyer, Reilly & Moodie, S.C. of Waukesha.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

WEDEMEYER, P.J.

Banc One Building Management Corporation (Banc One) appeals from a summary judgment and an amended judgment dismissing its claims against W.R. Grace & Co. and United States Gypsum Company (collectively Grace), for failure to comply with the statute of limitations.

Banc One claims the trial court erred in concluding when its causes of action against Grace accrued. Because the undisputed material facts establish that Banc One knew or should...

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