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DIAMONDBACK FUNDING, LLC v. CHILI'S OF WISCONSIN, INC.

No. 03-2376.

276 Wis.2d 81 (2004)

2004 WI App 161

687 N.W.2d 89

DIAMONDBACK FUNDING, LLC, Plaintiff-Appellant, v. CHILI'S OF WISCONSIN, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 27, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John A. Busch of Michael Best & Friedrich LLP, of Milwaukee. There was oral argument by John A. Busch.

On behalf of the defendant-respondent, the cause was submitted on the brief of Paul D. Bauer of Quarles & Brady, of Milwaukee. There was oral argument by Paul D. Bauer.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. FINE, J.

Diamondback Funding, LLC, appeals from a summary judgment dismissing its verified complaint against Chili's of Wisconsin, Inc. Diamondback sought, in addition to "[o]ther relief," to enjoin Chili's from building and operating a Chili's Grill and Bar on a lot next to a lot owned by Diamondback on which Diamondback's corporate affiliate operates a Tumbleweed Southwest Mesquite Grill and Bar. We reverse....

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