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KRAEMER BROS., INC. v. PREPAKT CONCRETE CO.

No. 73-C-233.

432 F.Supp. 462 (1977)

KRAEMER BROS., INC., a Wisconsin Corporation, Plaintiff, v. The PREPAKT CONCRETE COMPANY, a Foreign Corporation, and Michigan Mutual Liability Co., Defendants and Third-Party Plaintiffs, v. The ANDREWS CO., INC., a Wisconsin Corporation, and Sentry Excavating, Inc., a Wisconsin Corporation, Third-Party Defendants.

United States District Court, W. D. Wisconsin.

May 6, 1977.

Attorney(s) appearing for the Case

Michael G. Laskis, Melli, Shiels, Walker & Pease, John C. Mitby, Axley, Brynelson, Herrick & Gehl, Madison, Wis., for plaintiff Kraemer Bros.

Daniel W. Hildebrand, Ross & Stevens, Madison, Wis., for Prepakt Concrete Co., Nos. 233 and 306 W.D.

Mark L. Korb, Campbell, Brennan, Steil & Ryan, Janesville, Wis., Donald C. Fellows, Wolfe, O'Leary, Kenney & Wolfe, Milwaukee, Wis., for The Andrews Co., Inc., Nos. 233 and 306 W.D.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This action arose out of the collapse of a retaining wall constructed by the defendant Prepakt Concrete Company (Prepakt) for the plaintiff Kraemer Bros., Inc. (Kraemer). The plaintiff's claim for damages was tried to a jury on the theory of negligence, and the defendant's counterclaim was tried on the basis of substantial performance of its construction contract with the plaintiff. The jury found the plaintiff...

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