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SANDS v. MENARD

Nos. 2012AP2377 & 2015AP870.

904 N.W.2d 789 (2017)

2017 WI 110

Debra K. SANDS, Plaintiff-Appellant-Petitioner, v. John R. MENARD, Jr., Menard Thoroughbreds, Inc., Webster Hart as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts, Angela L. Bowe as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts and Alphons Pitterle as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts, Defendants-Respondents, Midwest Manufacturing Co., Wood Ecology Inc., Countertops Inc., Team Menard Inc., Menard Engine Group, Menard Competition Technologies LTD, MC Technologies Inc., Menard Engineering LTD, UltraMotive LTD and Merchant Capital LLC, Defendants, Menard, Inc., Defendant-Respondent-Cross Petitioner. Debra K. Sands, Plaintiff-Appellant-Cross-Respondent-Petitioner, v. John R. Menard, Jr. and Menard Thoroughbreds, Inc., Defendants-Respondents-Cross-Appellants, Webster Hart as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts, Angela L. Bowe as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts, Alphons Pitterle as Trustee of the John R. Menard, Jr. 2002 Trust and Related Trusts, Midwest Manufacturing Co., Wood Ecology Inc., Countertops Inc., Team Menard Inc., Menard Engine Group, Menard Competition Technologies LTD, MC Technologies Inc., Menard Engineering LTD, UltraMotive LTD and Merchant Capital LLC, Defendants, Menard, Inc., Defendant-Respondent-Cross-Appellant-Cross Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: December 29, 2017.

Attorney(s) appearing for the Case

For the plaintiff-appellant-cross-respondent-petitioner, there were briefs filed by Charles K. Maier , Daniel R. Shulman , Richard C. Landon , and Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, Minnesota, with whom on the briefs were Mel C. Orchard, III , and The Spence Law Firm, LLC, Jackson, Wyoming. There was an oral argument by Daniel R. Shulman.

For the defendant-respondent-cross-appellant-cross petitioner, there were briefs filed by G. Richard White and Weld Riley, S.C., Eau Claire, with whom on the briefs were Michael D. Freeborn , Brian P. Norton , Andrew C. Nordahl , and Freeborn & Peters, LLP, Chicago, Illinois. There was an oral argument by Brian P. Norton.

For the defendants-respondents, there was a brief by G. Richard White and Weld Riley, S.C., Eau Claire, with whom on the brief were Todd Wind and Fredrikson & Byron, P.A., Minneapolis, Minnesota. There was an oral argument by Todd Wind.

For the defendants-respondents-cross-appellants, there was a brief filed by there was a brief filed by G. Richard White and Weld Riley, S.C., Eau Claire, with whom on the briefs were Michael D. Freeborn , Brian P. Norton , Andrew C. Nordahl , and Freeborn & Peters, LLP, Chicago, Illinois.

¶ 1 We review a decision of the court of appeals, affirming the circuit court's1 grant of summary judgment dismissing Debra Sands' claims and Menard, Inc.'s counterclaim. Debra Sands and John Menard, Jr., were involved in a romantic relationship from late 1997 to April 2006.

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