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CITY OF MILWAUKEE v. NL INDUSTRIES, INC.

No. 03-2786.

278 Wis.2d 313 (2004)

2005 WI App 7

691 N.W.2d 888

CITY OF MILWAUKEE, a municipal corporation, Plaintiff-Appellant, v. NL INDUSTRIES, INC., a foreign corporation, and Mautz Paint, a Wisconsin corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 9, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ted M. Warshafsky of Warshafsky Rotter Tarnoff Reinhardt & Bloch, S.C. of Milwaukee and Richard S. Lewis and James J. Pizzirusso of Cohen Milstein Hausfeld & Toll, PLLC of Washington, D.C. There was oral argument by Richard S. Lewis.

On behalf of the defendants-respondents, the cause was submitted on the joint brief of James T. Murray, Jr. and Michael J. Wirth of Peterson, Johnson & Murray, S.C. of Milwaukee, Timothy S. Hardy of Denver, Colorado, Elizabeth L. Thompson and Jennifer Heisinger of Bartlit Beck Herman Palenchar & Scott LLP of Chicago, Illinois for NL Industries, Inc. and Frank J. Daily and Jeffrey K. Spoerk of Quarles & Brady LLP of Milwaukee and Charles H. Moellenberg, Jr. and Jennifer B. Flannery of Jones Day of Pittsburgh, Pennsylvania for Mautz Paint. There was oral argument by James T. Murray, Jr. and Frank J. Daily.

Before Fine, Curley and Kessler, JJ.

¶ 1. KESSLER, J.

The City of Milwaukee appeals from a judgment and an order dismissing its complaint against NL Industries, Inc., and Mautz Paint (collectively, "defendants"). The trial court dismissed the City's claim for public nuisance, concluding that the City could not show that these particular defendants caused their lead-based paint to be applied to any of the specific buildings included in the alleged public...

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