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POWALKA v. STATE MUT. LIFE ASSURANCE CO.

No. 263.

53 Wis.2d 513 (1972)

192 N.W.2d 852

POWALKA, Appellant, v. STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Wisconsin.

Decided January 4, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schober & Radtke of New Berlin, attorneys, and Maroney & Schiro of Milwaukee, of counsel, and oral argument by Thomas P. Maroney and Jack A. Radtke.

For the respondent there was a brief by Foley & Lardner, attorneys, and Gilbert W. Church of counsel, all of Milwaukee, and oral argument by Mr. Church.

HEFFERNAN, J.

Upon remand, the plaintiff moved for a trial by jury. That request was granted. On the next day, an affidavit of prejudice was filed, which was honored by Judge RASKIN, and the case was transferred to the branch of the circuit court presided over by Judge ROLLER, to be placed on the jury calendar. The mandate of this court gave the option to the trial judge on remand to determine whether a new trial was to be had, and we are satisfied that it was within...

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