HUBBARD v. MESSER

No. 02-1701-FT.

267 Wis.2d 92 (2003)

2003 WI 145

673 N.W.2d 676

Neil S. HUBBARD, Plaintiff-Respondent-Petitioner, v. Shaun MESSER, d/b/a Degree Systems, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 20, 2003.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Erwin H. Steiner and Steiner & Wright, LLC, Eau Claire, and oral argument by Erwin H. Steiner.

For the defendant-appellant there was a brief by Christopher R. Bloom, Joel L. Aberg and Weld, Riley, Prenn & Ricci, S.C., Eau Claire, and oral argument by Joel L. Aberg.

An amicus curiae brief was filed by Timothy G. Costello, Timothy C. Kamin and Krukowski & Costello, S.C., Milwaukee, on behalf of Wisconsin Manufacturers & Commerce.

An amicus curiae brief was filed by Raymond J. Pollen, Amy J. Doyle, Crivello, Carlson & Mentkowski, Milwaukee, on behalf of Wisconsin Municipal Mutual Insurance Company and Wisconsin Counties Association, John J. Prentice and Prentice & Phillips LLP, Milwaukee, on behalf of Wisconsin Counties Association.

An amicus curiae brief was filed by Aaron N. Halstead, Kathleen Meter Lounsbury and Shneidman, Hawks & Ehlke, S.C., Madison, on behalf of District Council 40, AFSCME, AFL-CIO and Carol Gonzales.


¶ 1. SHIRLEY S. ABRAHAMSON, C.J.

This is a review of a published decision of the court of appeals reversing a judgment of the Circuit Court for Eau Claire County, Paul J. Lenz, Judge.1 The circuit court granted summary judgment to Neil S. Hubbard, the employee, concluding that because certain wages were due and unpaid on the deadline set by Wis. Stat. § 109.03(1) (2001-02),2 Shaun Messer d/b/a Degree...

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