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HOLMEN CONCRETE PRODUCTS v. HARDY CONSTRUCTION

No. 03-3335.

276 Wis.2d 126 (2004)

2004 WI App 165

686 N.W.2d 705

HOLMEN CONCRETE PRODUCTS COMPANY and Iverson Construction Company, Plaintiffs-Respondents, v. HARDY CONSTRUCTION COMPANY, INC., Westbrook Associated Engineers, Inc., Augelli Concrete & Excavating, LLC, Neenah Foundry Company, and MT. Rock, Defendants, VILLAGE OF READSTOWN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 29, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David L. Jenkins of Jenkins and Stittleburg, Viroqua.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Mark O. Anderson and Jeffrey S. Nicolet of Wagner Falconer & Judd, Ltd., Minneapolis, Minnesota.

Before Deininger, P.J., Dykman and Lundsten, JJ.

¶ 1. DYKMAN, J.

The Village of Readstown appeals from a summary judgment granted to plaintiffs, Holmen Concrete Products Company and Iverson Construction Company. The circuit court concluded that the Village was responsible for damages resulting from its failure to ensure that a prime contractor had obtained a payment and performance bond under WIS. STAT. § 779.14....

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