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HOLZBAUER v. SAFWAY STEEL PRODS., INC.

No. 2004AP2058.

288 Wis.2d 250 (2005)

2005 WI App 240

708 N.W.2d 36

James A. HOLZBAUER and Theresa Holzbauer, Plaintiffs, BOARD OF SCHOOL DIRECTORS OF the PUBLIC SCHOOLS OF the CITY OF MILWAUKEE, Plaintiff-Appellant, v. SAFWAY STEEL PRODUCTS, INC. and ABC Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 25, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Grant F. Langley, city attorney and Jan A. Smokowicz, assistant city attorney.

On behalf of the defendants-respondents, the cause was submitted on the brief of Jay R. Starrett and Pamela M. Schmidt of Whyte Hirschboeck Dudek, S.C. of Milwaukee.

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

¶ 1. KESSLER, J.

The Board of School Directors of the Public Schools of the City of Milwaukee ("MPS") appeals from nonfinal orders of the trial court (1) granting summary judgment to Safway Steel Products, Inc., on its counterclaim against MPS and denying summary judgment to MPS on the same issue; and (2) denying MPS's motion for leave to amend its answer to assert a statute of frauds defense. We conclude that the...

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