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STATE EX REL. J. H. FINDORFF v. MILW. CTY.

No. 97-3452-W.

233 Wis.2d 428 (2000)

2000 WI 30

608 N.W.2d 679

STATE of Wisconsin EX REL. J. H. FINDORFF & SON, INC., Petitioner-Petitioner, v. CIRCUIT COURT FOR MILWAUKEE COUNTY, the Honorable Patrick T. Sheedy, presiding, John Trenhaile (d/b/a), Trenko Electric, Inc., St. Paul Fire and Marine Insurance Company and Milwaukee Metropolitan Sewerage District, Respondents.

Supreme Court of Wisconsin.

Decided April 6, 2000.

Attorney(s) appearing for the Case

For the petitioner-petitioner there were briefs by Michael B. Van Sicklen, Michael S. Heffernan and Foley & Lardner, Madison, and oral argument by Michael B. Van Sicklen.

For the respondent the cause was argued by James H. McDermott, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. N. PATRICK CROOKS, J.

J.H. Findorff & Son, Inc. (Findorff), the petitioner, seeks review of an unpublished court of appeals decision,1 which ruled against Findorff on its request for substitution, after remand from an appeal in an earlier action.

¶ 2. In the earlier action, the court of appeals reversed and remanded a circuit court decision against Findorff relating to breach of contract during a construction...

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