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MARINE BANK v. TAZ'S TRUCKING INC.

No. 03-2827.

275 Wis.2d 711 (2004)

2004 WI App 164

688 N.W.2d 730

IN RE MODERN BUILDING MATERIALS INC. CHAPTER 128 RECEIVERSHIP: MARINE BANK and Robert K. Steuer, Receiver, Plaintiffs-Respondents, v. TAZ'S TRUCKING INCORPORATED, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 7, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael D. Jackelen of Steinhafel, Smith & Rowen, S.C., Brookfield.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Daryl L. Diesing and Barbara J. Janaszek of Whyte Hirschboeck Dudek S.C., Milwaukee and Robert K. Steuer, Milwaukee.

Before Anderson, P.J., Brown and Snyder, JJ.

¶ 1. ANDERSON, P.J.

Taz's Trucking Incorporated claims the undisputed evidence does not rebut the common-law presumption that a consignee of a shipment is liable for freight charges. We disagree with Taz's claim because we conclude that the evidence establishes a course of conduct evidencing the intent of Modern Building Materials Inc. (MBM) and Taz's that MBM would be exclusively liable for all freight charges. Therefore...

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