State v. Holland Plastics Co.

This is an appeal from a nonfinal order of the circuit court for Dane county, William F. Eich, Judge, which denied the defendants’ motion for summary judgment. The court of appeals granted the defendants’ petition for leave to appeal pursuant to sec. 809.50, Stats. 1979-80. The court of appeals then certified the case to this court pursuant to sec. (rule) 809.61, Stats. 1979-80. The certification request was granted and the appeal accepted on October 12,1982.

The issues considered on appeal are:

1) Is an action by the state for negligent construction and breach of contract governed by the ten…