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KERRY INC. v. ANGUS-YOUNG ASSOCS., INC.

No. 03-3546.

280 Wis.2d 418 (2005)

2005 WI App 42

694 N.W.2d 407

KERRY INC. f/k/a Kerry Ingredients, Inc., Plaintiff-Co-Appellant, v. ANGUS-YOUNG ASSOCIATES, INC., and Design Professionals Insurance Company, Defendants-Respondents, EARTH TECH ENVIRONMENT & INFRASTRUCTURE, INC., James R. Lucht and William H. Moore, Defendants-Appellants, INDIAN HARBOR INSURANCE COMPANY and Reliance Insurance Company of Illinois, Defendants.

Court of Appeals of Wisconsin.

Decided February 24, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Earth Tech Environment & Infrastructure, Inc., James R. Lucht, and William H. Moore, the cause was submitted on the briefs of Carl A. Sinderbrand and Hugh N. Anderson of Wickwire Gavin, P.C., Madison.

On behalf of the plaintiff-co-appellant, Kerry, Inc., f/k/a Kerry Ingredients, Inc., the cause was submitted on the briefs of Kenneth B. Axe, Ronald J. Kotnik, and Frank C. Sutherland of Lathrop & Clark LLP, Madison.

On behalf of the defendants-respondents, Angus-Young Associates, Inc., and Design Professionals Insurance Company, the cause was submitted on the brief of Robert J. Kay and Robert A. Mich, Jr., of Kay & Andersen, S.C., Madison.

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

¶ 1. DEININGER, P.J.

The circuit court granted a motion for summary judgment and dismissed claims for breach of contract, professional negligence and misrepresentation brought by Kerry, Inc., against an architectural firm, Angus-Young Associates, Inc. The court also dismissed a cross-claim against the architects for contribution or indemnification filed by Earth Tech Environment & Infrastructure, Inc., and two...

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