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MENARD, INC. v. LITEWAY LIGHTING PRODUCTS

No. 03-1391.

273 Wis.2d 439 (2004)

2004 WI App 95

685 N.W.2d 365

MENARD, INC., Plaintiff-Respondent, v. LITEWAY LIGHTING PRODUCTS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 13, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Carol S. Dittmar and Teresa E. O'Halloran of Garvey, Anderson, Johnson, Geraci & Mirr, S.C.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Stephanie L. Finn and Jay E. Heit of Herrick & Hart, S.C. of Eau Claire.

Before Cane, C.J., Hoover, P.J, and Peterson, J.

¶ 1. HOOVER, P.J.

Liteway Lighting Products appeals a $140,000 judgment for products Menard, Inc., alleges it returned to Liteway for credit. Liteway claims that the trial court applied the wrong burden of proof, requiring Liteway to disprove Menard's allegations. Liteway also appeals an order denying its motion for summary judgment, claiming Menard's suit against it is barred by claim preclusion because of a prior...

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