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UNITED CONCRETE & CONSTRUCTION, INC. v. RED-D-MIX CONCRETE

No. 2011AP1566.

836 N.W.2d 807 (2013)

2013 WI 72

UNITED CONCRETE & CONSTRUCTION, INC., Plaintiff-Appellant, v. RED-D-MIX CONCRETE, INC., Defendant-Respondent-Petitioner, Nationwide Mutual Insurance Company and Allied Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 12, 2013.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs by Frank Kowalkowski , James Kalny , and Davis & Kuelthau, S.C., Green Bay, and oral argument by Frank Kowalkowski.

For the plaintiff-appellant, there was a brief by Valerie J. Revnew and Epiphany Law, LLC, Appleton, and oral argument by Valerie J. Revnew.

MICHAEL J. GABLEMAN, J.

¶ 1 There are many vagaries in the law. However, we deal here with the concrete. Specifically, certain batches of concrete that United Concrete and Construction, Inc. (United) purchased from Red-D-Mix Concrete, Inc. (Red-D-Mix) and now complains were defective. United used the concrete to pour outdoor installations (known in the industry as "flatwork") at various properties. After problems arose with the installations. United obtained...

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