KALOTI ENTERPRISES, INC. v. KELLOGG SALES CO.,

No. 2003AP1225.

283 Wis.2d 555 (2005)

2005 WI 111

699 N.W.2d 205

KALOTI ENTERPRISES, INC., Plaintiff-Appellant, v. KELLOGG SALES COMPANY and Geraci & Associates, Inc., Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 8, 2005.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Michael P. Stupar, George S. Peek and Stupar, Schuster & Cooper, S.C., Milwaukee, and oral argument by George S. Peek.

For the defendant-respondent, Geraci & Associates, Inc., there was a brief by Scott W. Hansen, Laura A. Brenner, James J. Eichholz and Reinhart Boerner Van Deuren, S.C., Milwaukee, and oral argument by Jeremy P. Levinson.

For the defendant-respondent, Kellogg Sales Company, there was a brief by Brian R. Smigelski, Jeremy P. Levinson and Friebert, Finerty & St. John, S.C., Milwaukee, and oral argument by Jeremy P. Levinson.

An amicus curiae brief was filed by William C. Gleisner, III, and Law Offices of William C. Gleisner, III, Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.


¶ 1. PATIENCE DRAKE ROGGENSACK, J.

On certification from the court of appeals, we review a decision of the circuit court for Waukesha County dismissing an amended complaint filed by petitioner, Kaloti Enterprises, Inc. (Kaloti), against respondents, Kellogg Sales Company (Kellogg) and Geraci & Associates, Inc. (Geraci), for failure to state a claim. The court of appeals certified two questions that can be summarized...

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