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CARNEY v. CNH HEALTH & WELFARE PLAN

No. 2006AP1529.

740 N.W.2d 625 (2007)

2007 WI App 205

James CARNEY, Plaintiff-Appellant v. CNH HEALTH & WELFARE PLAN, Fiatallis North America, Inc., f/k/a Fiat-Allis Construction Machinery, Inc., f/k/a Allis-Chalmers Corporation, CNH Global, NV, Inc. and Case New Holland, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 14, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert Gingras of Gingras, Cates & Luebke, S.C., of Madison and Jon D. Robinson of Bolen Robinson & Ellis, LLP of Decatur, IL.

On behalf of the defendants-respondents, CNN Health & Welfare Plan, Fiatallis North America, Inc. and Case New Holland, Inc., the cause was submitted on the brief of Robert K. Sholl, Christopher P. Banaszak and Susan B. Woods of Reinhart Boerner Van Duren, S.C. of Milwaukee and Mark Casciari of Seyfarth Shaw, LLP of Chicago, IL.

Before WEDEMEYER, P.J., FINE and KESSLER, JJ.

¶ 1 KESSLER, J.

James Carney, an Allis-Chalmers retiree, appeals on behalf of himself and others similarly situated from a judgment dismissing with prejudice all claims seeking a finding of contempt and, alternatively, seeking damages for breach of contract against all defendants, and from the denial of his motion for a new trial based on newly discovered evidence. Carney contends that the trial court: (1) incorrectly construed previous orders entered in 1975...

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