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KHATIB v. FRENN

No. 324.

43 Wis.2d 606 (1969)

168 N.W.2d 872

KHATIB, Appellant, v. FRENN, Respondent.

Supreme Court of Wisconsin.

Decided July 3, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by John K. Brendel, and oral argument by Thomas R. Fahl, both of Wauwatosa.

For the respondent there was a brief by Barrock & Barrock, attorneys, and Maroney & Schiro of counsel, all of Milwaukee, and oral argument by Thomas P. Maroney.

WILKIE, J.

A single issue is presented on this appeal. It is whether the trial court abused its discretion when it conditionally vacated its original order dismissing the plaintiff's action, the condition being that the plaintiff first pay costs of $347.91.

On November 7, 1967, the adjourned date for the trial of this matter, the plaintiff and his attorney failed to appear. Thereupon, defendant by his attorney moved for dismissal of the action. That motion...

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