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FORESIGHT, INC. v. BABL

No. 96-1964.

211 Wis.2d 599 (1997)

565 N.W.2d 279

FORESIGHT, INCORPORATED, Plaintiff-Appellant, v. Daniel BABL, d/b/a Weston Disposal, Inc., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 6, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mary M. Prohaska of Mc Cartan Law Firm, S.C. of Wausau.

On behalf of the defendant-respondent, the cause was submitted on the brief of Russell W. Wilson of Ruder, Ware & Michler, S.C. of Wausau.

Before LaRocque, Myse and Mangerson, JJ.

LA ROCQUE, J.

Foresight, Inc., appeals an order granting summary judgment to Weston Disposal (hereafter, Disposal). Foresight asserts that it is entitled to summary judgment under the undisputed facts of record. We agree. We reverse the judgment and remand to permit the trial court to address remedies applicable under the circumstances.

This dispute concerns land once used as a sand and gravel mine known as the "John Ryan Pit." The parcel was located in the...

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