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JACOBS v. NOR-LAKE, INC.

No. 97-1740.

217 Wis.2d 625 (1998)

579 N.W.2d 254

Robert D. and Lorraine JACOBS, Hermes Floral Company, Inc., a Minnesota Corporation, Hermes Land Company, a Minnesota Partnership, Howard LaVenture, as the personal representative of the Estate of Anna LaVenture, and Vernon and Irene Waxon, individually and in representative capacities, Plaintiffs-Appellants, Robert C. and Jerilyn JACOBS, Robert and Frances Dandeneau, David and Robin Ganji, John and Angela Stansbury, Carl M. and Paula M. Story and Gary Sukopp, individually and in representative capacities, Plaintiffs, v. NOR-LAKE, INC., a Wisconsin Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 3, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Erik T. Salveson, Thomas L. Johnson, John L. Krenn and Virginia J. Knudson of Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, Minnesota.

On behalf of the defendant-respondent, the cause was submitted on the brief of Linda H. Bochert and Jon G. Furlow of Michael, Best & Friedrich, L.L.P., Madison, and Mark J. Gherty of Gherty & Gherty, S.C., Hudson.

Before Cane, P.J., Myse and Hoover, JJ.

MYSE, J.

The plaintiffs appeal a summary judgment dismissing their complaint against Nor-Lake, Inc., for contaminating their groundwater. The trial court granted summary judgment after concluding that the statute of limitations barred the plaintiffs' claims. The plaintiffs contend that the trial court erred by dismissing their claims because they were reasonably diligent in discovering Nor-Lake's responsibility for the contamination, and because they commenced this...

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