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BREW CITY REDEV. GROUP v. FERCHILL GROUP

No. 2004AP3238.

714 N.W.2d 582 (2006)

2006 WI App 39

BREW CITY REDEVELOPMENT GROUP, LLC, Plaintiff-Appellant, v. THE FERCHILL GROUP, John T. Ferchill, Wispark, LLC, Jerold P. Franke, Juneau Avenue Partners, LLC, JTMK-Pabst, Ltd., Highland Best, LLC, ABC Company, Inc., or Partnership, DEF Company, Inc., and/or Partnership, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed February 14, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William M. Cannon of Cannon & Dunphy, S.C., of Brookfield. There was oral argument by Sara E. Kaas of Cannon & Dunphy, S.C.

On behalf of the defendants-respondents, the cause was submitted on the brief and oral argument of Matthew W. O'Neill, of Friebert, Finerty & St. John, S.C., of Milwaukee.

Before FINE, CURLEY and KESSLER, JJ.

¶ 1 FINE, J.

Brew City Redevelopment Group, LLC, appeals, pursuant to our leave, the dismissal, with the limited right to re-plead, of its complaint against The Ferchill Group, John T. Ferchill, Wispark, LLC, Jerold P. Franke, Juneau Avenue Partners, LLC, JTMK-Pabst, Ltd., Highland Best, LLC, and various unknown entities. See WIS. STAT. RULE 807.12 (suing fictitious defendants). We affirm and reverse, as indicated below, and remand for further proceedings...

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