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HOIDA, INC. v. M&I MIDSTATE BANK

No. 03-2108.

276 Wis.2d 705 (2004)

2004 WI App 191

688 N.W.2d 691

HOIDA, INC., Plaintiff-Appellant, v. M&I MIDSTATE BANK and McDonald Title Company, Inc., Defendants-Respondents, William C. HERBERT, Defendant-(In T.Ct.).

Court of Appeals of Wisconsin.

Decided September 16, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Scott R. Halloin of Mallery & Zimmerman, S.C., Milwaukee.

On behalf of the defendant-respondent, McDonald Title Co., Inc., the cause was submitted on the brief of William J. Ewald of Denissen, Kranzush, Mahoney & Ewald, S.C., Green Bay.

On behalf of the defendant-respondent, M&I Mid-state Bank, the cause was submitted on the brief of Russell T. Golla of Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point.

A nonparty brief was filed by John E. Knight, James E. Bartzen, Kirsten E. Spira of Boardman, Suhr, Curry & Field LLP, Madison, for Wisconsin Bankers Association.

Before Dykman, Vergeront and Higginbotham, JJ.

¶ 1. DYKMAN, J.

Hoida, Inc., appeals from a summary judgment granted to McDonald Title Co., Inc., and M&I Midstate Bank. Hoida, a construction subcontractor on a Plover, Wisconsin, building project, incurred losses when the prime contractor, Packard Construction, Inc., failed to pay Hoida for materials it supplied to Packard. Hoida seeks to hold M&I, the construction lender on the project, and McDonald Title...

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