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POLSKY v. VIRNICH

No. 2007AP203.

769 N.W.2d 52 (2009)

2009 WI 66

Michael S. POLSKY, as receiver for Communications Products Corporation, Plaintiff-Respondent-Cross-Appellant, v. Daniel E. VIRNICH and Jack M. Moores, Defendants-Appellants-Cross-Respondents.

Supreme Court of Wisconsin.

Decided July 7, 2009.

Attorney(s) appearing for the Case

For the plaintiff-respondent-cross appellant there were briefs by Robert J. Kasieta, Andrew J. Parrish, and the Kasieta Legal Group, LLC, Madison, and oral argument by Robert J. Kasieta.

For the defendants-appellants-cross respondents there were briefs by Donald K. Schott, Valerie L. Bailey-Rihn, James Richgels, and Quarles & Brady, LLP, Madison, and Jeffrey O. Davis and Quarles & Brady, LLP, Milwaukee, and oral argument by Donald K. Schott.

An amicus curiae brief was filed (in the court of appeals) by Thomas J. Arenz and Whyte Hirschboeck Dudek, SC, Milwaukee, on behalf of Risk Management Association.

An amicus curiae brief was filed by John E. Knight, James E. Bartzen, Kirsten E. Spira, and Boardman, Suhr, Curry & Field, LLP, Madison, on behalf of the Wisconsin Bankers Association, and oral argument by John E. Knight.

An amicus curiae brief was filed by William Haus and Haus, Roman and Banks, LLP, Madison, on behalf of the Sheet Metal Workers International Local Union No. 565.

ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 PER CURIAM.

The court is equally divided on whether to affirm or reverse the judgment of the circuit court. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would affirm. Justice David T. Prosser, Jr., Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman would reverse. Justice Patience Drake Roggensack did not participate.

¶ 2 When...

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