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MILWAUKEE BD. OF SCHOOL DIRECTORS v. BITEC

No. 2008AP3022.

775 N.W.2d 127 (2009)

2009 WI App 155

MILWAUKEE BOARD OF SCHOOL DIRECTORS, Plaintiff-Appellant, v. BITEC, INC., a/k/a BITEC Bitumen Technology, GRS Wisconsin, Inc., a/k/a General Roofing, Continental Casualty Company and Burlington Insurance Company, Defendants, Atlantic Mutual Insurance Company, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion filed September 9, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Grant F. Langley, city attorney, and Miriam R. Horwitz, assistant city attorney, with oral argument by Miriam R. Horwitz.

On behalf of the defendant-respondent, the cause was submitted on the brief of Kendall W. Harrison and Joshua P. Dau of Godfrey & Kahn, S.C., of Milwaukee, with oral argument by Kendall W. Harrison.

Before CURLEY, P.J., KESSLER and BRENNAN, JJ.

¶ 1 CURLEY, P.J.

Milwaukee Board of School Directors (MBSD) appeals the order granting summary judgment to Atlantic Mutual Insurance Company (Atlantic Mutual).1 At issue is whether Atlantic Mutual in its capacity as surety on a performance bond is liable for its principal's, Specialty Associates, Inc., n/k/a GRS Wisconsin Inc. (SAI), warranty obligations under the construction contract...

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