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HUNZINGER CONSTRUCTION CO. v. SCS OF WISCONSIN, INC.,

No. 04-0657.

280 Wis.2d 230 (2005)

2005 WI App 47

694 N.W.2d 487

HUNZINGER CONSTRUCTION COMPANY, Plaintiff-Respondent, v. SCS OF WISCONSIN, INC., Defendant-Third-Party Plaintiff-Appellant, DEMCO WISCONSIN 4, LLC, d/b/a The Demattia Group, Third-Party Defendant-Respondent, ST. PAUL FIRE & MARINE INSURANCE COMPANY, United States Fidelity & Guaranty Company, John C. Hunzinger, and John Doe, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided February 23, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant, the cause was submitted on the briefs of John E. Machulak and Susan R. Robertson of Machulak, Robertson & Sodos, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Edward A. Hannan and Brad A. Markvart of Hannan & Associates, LLC, Brookfield.

On behalf of the third-party defendant-respondent, the cause was submitted on the brief of Paul R. Erickson of Gutglass, Erickson, Bonville, Seibel & Falkner, S.C., Milwaukee.

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

¶ 1. ANDERSON, P.J.

The sole issue before us is whether Demco Wisconsin 4, LLC, d/b/a The Demattia Group, as property owner, is entitled to dismissal from a lien foreclosure action initiated by SCS of Wisconsin, Inc. We hold that because the property was released from the lien by the bond issued by St. Paul Fire & Marine Insurance Company and United States Fidelity & Guaranty Company pursuant to WIS. STAT....

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