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BRIGGS & STRATTON POWER PRODUCTS GROUP v. GENERAC POWER SYSTEMS

No. 2010AP344.

796 N.W.2d 234 (2011)

2011 WI App 36

BRIGGS & STRATTON POWER PRODUCTS GROUP, LLC, Plaintiff-Respondent, v. GENERAC POWER SYSTEMS, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

February 8, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Christopher P. Banaszak and Robert S. Driscoll of Reinhart Boerner Van Deuren, S.C. of Milwaukee and Roddy W. Rogahn of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald H. Carlson and J. Timothy Maciolek of Crivello Carlson, S.C.

Before FINE, KESSLER and BRENNAN, JJ.

KESSLER, J.

¶ 1 Generac Power Systems, Inc. appeals the grant of summary judgment to Briggs & Stratton Power Products Group, LLC, declaring that under the terms of an asset purchase agreement Briggs did not assume all product liabilities of Generac's "Portable Products Division." Based on our de novo review of the contract and the undisputed facts, we conclude that the contract does not allocate product...

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