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ALLIANCE LAUNDRY SYSTEMS LLC v. STROH DIE CASTING CO.

No. 2007AP2857.

763 N.W.2d 167 (2008)

2008 WI App 180

ALLIANCE LAUNDRY SYSTEMS LLC, Plaintiff-Appellant, v. STROH DIE CASTING CO., INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 19, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Richard J. Lewandowski and Anthony J. Sievert of Whyte Hirschboeck Dudek, S.C., of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Douglas M. Poland and Rebecca Kathryn Mason of Godfrey & Kahn, S.C., of Madison.

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

¶ 1 BROWN, C.J.

WISCONSIN STAT. § 802.06(2)(b) (2005-06)1 allows the circuit court to convert a defendant's motion to dismiss for failure to state a claim into a summary judgment motion. Here, the circuit court did convert the motion into a summary judgment motion even though the defendant, Stroh Die Casting Co., Inc., had not filed an answer. The plaintiff, Alliance Laundry Systems...

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