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01-1509-FT Mayville Die & Tool Inc. v. Weller Machinery Company, et al.

By: dmc-admin//December 3, 2001//

01-1509-FT Mayville Die & Tool Inc. v. Weller Machinery Company, et al.

By: dmc-admin//December 3, 2001//

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Mayville Die & Tool Inc. appeals a summary judgment which dismissed its misrepresentation claims against Weller Machinery Company. The issues are: (1) whether the fraudulent advertising statute, Wis. Stat. sec. 100.18(1) (1999-2000), applies to representations made between parties who have an ongoing business relationship and, if so, whether the economic loss doctrine precludes recovery under that statute, and (2) whether there are any material facts in dispute which would require trial on a common law negligent misrepresentation claim. Upon independently reviewing the pleadings and affidavits, see State v. Dunn, 213 Wis.2d 363, 368, 570 N.W.2d 614 (Ct. App. 1997) (setting forth the standard methodology for our review of summary judgment determinations), we conclude that sec. 100.18(1) is inapplicable to the facts of this case, and that the record discloses no material dispute on the common law negligent representation claim.

This opinion will not be published.

Dist IV, Dodge County, Storck, J., Per Curiam

Attorneys:

For Appellant: Micharel R. Bauer, Madison; Christopher J. Blythe, Madison

For Respondent: Donald H. Carlson, Milwaukee

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