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SUSSEX TOOL & SUPPLY v. MAINLINE SEWER & WATER

No. 98-2649.

231 Wis.2d 404 (1999)

605 N.W.2d 620

SUSSEX TOOL & SUPPLY, INC., Plaintiff-Appellant-Cross-Respondent, v. MAINLINE SEWER AND WATER, INC., Defendant-Respondent-Cross-Appellant-Additional-Appellant, VILLAGE OF LANNON, Defendant, TRANSCONTINENTAL INSURANCE COMPANY, Defendant-Additional-Respondent.

Court of Appeals of Wisconsin.

Decided November 10, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Cynthia M. Mack of Lichtsinn & Haensel, S.C. of Milwaukee.

On behalf of the defendant-respondent-cross-appellant-additional-appellant, the cause was submitted on the briefs W. Wayne Siesennop and Mary Susan Maloney of Hannan, Siesennop & Sullivan of Milwaukee.

On behalf of the defendant-additional-respondent, the cause was submitted on the brief of William P. Croke of Quale, Feldbruegge, Calvelli, Thom & Croke, S.C. of Milwaukee.

There was a nonparty brief filed by Donald J. Murn and Michelle E. Martin of Murn Law Offices of Waukesha for Wisconsin Underground Contractors' Ass'n.

There was a nonparty brief filed by Charles V. Sweeney, Raymond P. Taffora and Nia Enemuoh-Trammell of Michael Best & Friedrich LLP of Madison for Wisconsin Transportation Builders Ass'n.

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

¶ 1. BROWN, P.J.

In this case we decide whether a small business whose profits allegedly suffered due to decreased road accessibility during sewer construction may maintain a suit against the contractor for breach of contract and negligence. First, we conclude that the business does not have standing as a third-party beneficiary of the construction contract. The construction contract, like all municipal public works contracts, was made for the benefit of the...

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