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TOMCZAK v. BAILEY

No. 95-2733.

218 Wis.2d 245 (1998)

578 N.W.2d 166

Thomas N. TOMCZAK and Mary Ann Tomczak by John Louis Castellani, Trustee of the bankrupt estate, Plaintiff-Respondent, v. Pete L. BAILEY and American Surveying Company, Inc., Defendants-Appellants-Petitioners, Randolph L. RAFALSKI and Interline Surveying Services, Inc., Defendants, Mildred B. WOHLFARD, Defendant-Third Party Plaintiff, v. EQUITABLE/STEFANIAK REALTY, Third Party Defendant.

Supreme Court of Wisconsin.

Decided May 22, 1998.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Stephen L. Fox and Schmidt & Rupke, S.C., Milwaukee and oral argument by Stephen L. Fox.

For the plaintiff-respondent there was a brief by Robert H. Bichler, Brenda J. Stugelmeyer and Hostak, Henzl & Bichler, S.C., Racine and oral argument by Robert H. Bichler.

Amicus curiae was filed by John A. Kassner and Wendel & Center, Madison for the Wisconsin Builders Association.

¶ 1. JON P. WILCOX, J.

This is a review of a published decision of the court of appeals, Tomczak v. Bailey, 206 Wis.2d 405, 557 N.W.2d 840 (Ct. App. 1996), which affirmed an order of the Circuit Court for Racine County, Dennis J. Flynn, Judge. The circuit court denied the summary judgment motion of the defendants, Pete L. Bailey (Bailey) and American Surveying Company (American)...

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