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DYER v. BLACKHAWK LEATHER LLC

No. 2007AP1400.

758 N.W.2d 167 (2008)

2008 WI App 128

Arthur D. DYER, Russell Moeller, Vern Moeller, Anthony Vitrano, Betty Vitrano, Thomas Vitrano, and Renee Vitrano, Plaintiffs-Appellants, v. BLACKHAWK LEATHER LLC, Transportation Technologies Industries Inc., E Z Paintr, Litton Systems Inc., and Ispat Inland Mortgage Acceptance Corporation, Defendants-Respondents, Waste Management Of Wisconsin, Inc. and Muskego Site Groundwater Remediation Group, Defendants. Waste Management Of Wisconsin, Inc., Plaintiff-Respondent, v. Russell Moeller, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 30, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Mark L. Thomsen, Sarah F. Kaas, and Charles David Schmidt of Cannon & Dunphy, S.C. of Brookfield and Dennis M. Grzezinski of Dennis Grzezinski Law Office of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas P. Lyons of Lyons & Ranta, LLP of Brookfield, Jennifer T. Nijman, Esq. of Winston & Strawn of Chicago, IL, and assistant general counsel for Waste Management, Inc., Steven M. Morgan, Esq. of Houston, TX.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill's operator, is still pending in the circuit court, and is not before us in this appeal. Rather, this is the plaintiffs' appeal of the circuit court's summary judgment dismissing...

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