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SUPREME COURT OF WISCONSIN
Case No.:

95-2733

Complete Title of Case:

John Louis Castellani, Trustee of the bankrupt estate of Thomas N. Tomczak and Mary Ann Tomczak, Plaintiff-Respondent, v. Pete L. Bailey and American Surveying Company, Inc., Defendants-Appellants-Petitioners, Randolph L. Rafalski and Interline Surveying Services, Inc., Defendants, Mildred B. Wohlfard, Defendant-Third Party Plaintiff, v. Equitable/Stefaniak Realty, Third Party Defendant.

REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 206 Wis. 2d 404, 557 N.W.2d 840 (Ct. App. 1996-PUBLISHED)

Opinion Filed: Submitted on Briefs: Oral Argument:

May 22, 1998 October 7, 1997

Source of APPEAL COURT: COUNTY: JUDGE:

Circuit Racine Dennis Flynn

JUSTICES: Concurred:

Steinmetz, J., concurs (opinion filed) Geske, J., concurs (opinion filed) Crooks, J., concurs (opinion filed) Abrahamson, C.J., dissents (opinion filed) Bradley, J., joins in dissent.

Dissented: Not Participating:

ATTORNEYS:

For the defendants-appellants-petitioners there

were briefs by Stephen L. Fox and Schmidt & Rupke, S.C., Milwaukee and oral argument by Stephen L. Fox.

For the plaintiff-respondent there was a brief by Robert H. Bichler, Brenda J. Stugelmeyer and Hostak, Henzl & Bichler, S.C., Racine and oral argument by Robert H. Bichler.

Amicus curiae was filed by John A. Kassner and Wendel & Center, Madison for the Wisconsin Builders Assocation.

No.

95-2733

NOTICE
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 95-2733 STATE OF WISCONSIN : IN SUPREME COURT

John Louis Castellani, Trustee of the bankrupt estate of Thomas N. Tomczak and Mary Ann Tomczak, Plaintiff-Respondent, v. Pete L. Bailey and American Surveying Company, Inc., Defendants-AppellantsPetitioners, Randolph L. Rafalski and Interline Surveying Services, Inc., Defendants, Mildred B. Wohlfard, Defendant-Third Party Plaintiff, v. Equitable/Stefaniak Realty, Third Party Defendant.

FILED
May 22, 1998
Marilyn L. Graves Clerk of Supreme Court Madison, WI

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No.

95-2733

REVIEW of a decision of the Court of Appeals.

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Wisconsin Law