Dean Foods Co. v. Foley

DYKMAN, J.1

Dean Foods Company, a dairy products manufacturer, sold milk on open account to Marty Cheese Corporation, which became insolvent while indebted to Dean for the milk.2 Dean appeals from a summary judgment concluding that it was not entitled to payment from a trust Marty Cheese Corporation had established under sec. 100.06, Stats.3 Because there is no *133dispute as to material fact, and we conclude sec. 100.06 does not protect Dean Foods, we affirm.4

Summary judgment is governed by sec. 802.08, Stats. Its purpose is to determine whether a dispute can be resolved without a trial. In In re…