[Download] "Edgar Landess v. John Schmidt" by Court of Appeals of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: Edgar Landess v. John Schmidt
- Author : Court of Appeals of Wisconsin
- Release Date : January 26, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Edgar Landess (Landess) appeals from a judgment of the trial court granting respondents' motion to dismiss. Landess claims that neither res judicata nor collateral estoppel is applicable to his conspiracy claim under sec. 134.01, Stats. We hold that res judicata bars Landess' conspiracy claim against the respondents, Borden, Inc. (Borden) and its employees, John Schmidt, Larry Nicosen and Neal Rosinsky (collectively referred to as employees), and that collateral estoppel bars the conspiracy claim against the respondents, Janice Gundrum, Howard Gundrum and John W. Hansen (collectively referred to as milk haulers). We, therefore, affirm the judgment of the circuit court. Landess operates a milk hauling business in Wisconsin. From September, 1976, until February, 1980, Landess' business consisted of collecting milk from a number of dairy farms and delivering it to Borden's West Allis dairy. Landess did not have written contracts with the farmers or Borden. On February 1, 1980, Borden informed Landess that it would no longer accept milk hauled by him. Borden also notified the farmers that Borden was no longer accepting milk hauled by Landess and that Borden had arranged for different haulers to collect the farmers' milk if they wished to continue to sell to Borden. After February 1, 1980, all of the farmers ceased using Landess' hauling service.