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PRECISION ERECTING, INC. v. AFW FOUNDRY, INC.

No. 98-0922.

229 Wis.2d 189 (1999)

598 N.W.2d 614

PRECISION ERECTING, INC., Plaintiff, v. AFW FOUNDRY, INC., Defendant-Third-Party Plaintiff-Respondent, M&I MARSHALL & ILSLEY BANK, G.A.P., Inc., Central Acoustical Supply House and Verhalen, Inc., Defendants, v. SCHMITZ READY MIX, INC., and August H. Wulf, Inc., Third-Party Defendants-Appellants, RBA, INC., Third-Party Defendant-Co-Appellant, LIPPERT TILE COMPANY, INC., Cedarburg Lumber Company, Circle Electric, Inc., IDAC/CAD, Inc., Nambe Mills, Inc., Waste Management, Inc., A&R Door Service, Inc., AATFAB Corporation, d/b/a Carpenter Technology Communications & Security, American K-9 Services, Inc., Bonafide Doors & Hardware, Inc., Fast Signs, Federal Express, Finial, Inc., JBD Enterprises, Koester Corporation, Labor Ready, Inc., Williams Steel & Supply Company, Antonic & Associates, Ltd., and AGT Corporation, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided June 30, 1999.

Attorney(s) appearing for the Case

On behalf of the third-party defendant-appellant Schmitz Ready Mix, Inc., the cause was submitted on the briefs of William A. Rinehart of Rinehart, Scaffidi & Mathews of Milwaukee.

On behalf of the third-party defendant-appellant August H. Wulf, the cause was submitted on the briefs of William A. Rinehart of Rinehart, Scaffidi & Mathews of Milwaukee.

On behalf of the third-party defendant-co-appellant RBA, Inc., the cause was submitted on the briefs of Terence P. Fox of Dewane, Dewane, Kummer, Lambert & Fox of Manitowoc.

On behalf of the defendant-third-party plaintiff-respondent, the cause was submitted on the briefs of Thad W. Jelinske, Donald A. Allen and Matthew R. Falk of Domnitz, Mawicke, Goisman & Rosenberg, S.C. of Milwaukee.

Before Snyder, P.J., Brown and Nettesheim, JJ.

BROWN, J.

These three appellants provide us with the opportunity to flesh out our issue preclusion holding in Precision Erecting, Inc. v. M&I Marshall & Ilsley Bank, 224 Wis.2d 288, 592 N.W.2d 5 (Ct. App.) (hereinafter Precision Erecting I), review denied, 225 Wis.2d 489, 594 N.W.2d 383 (1998). There, we held that when...

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