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METRO. SEWERAGE COMM. v. R. W. CONST., INC.

No. 76-221.

78 Wis.2d 451 (1977)

255 N.W.2d 293

METROPOLITAN SEWERAGE COMMISSION OF COUNTY OF MILWAUKEE, Cross-Appellant and Respondent, v. R. W. CONSTRUCTION, INC., Appellant: FIDELITY & DEPOSIT COMPANY OF MARYLAND, Respondent.

Supreme Court of Wisconsin.

Decided June 14, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Elwin J. Zarwell, Peter W. Bunde, Ronald L. Wallenfang and Quarles & Brady, attorneys, and Joseph Swietlik and Laikin, Swietlik & Laikin, of counsel, and oral argument by Mr. Zarwell, all of Milwaukee.

For the cross-appellant and respondent there were briefs by Ewald L. Moerke, Jr., Robert Arthur Melin, and Schroeder, Gedlen, Riester & Moerke, and oral argument by Mr. Melin, all of Milwaukee.

HEFFERNAN, J.

The question on this appeal is whether the trial judge on remand for determination of damages properly followed the mandate of this court in Metropolitan Sewerage Commission of County of Milwaukee v. R. W. Construction, Inc., 72 Wis.2d 365, 241 N.W.2d 371 (1976), and made a reasonable assessment of damages on the basis of a "jury type" verdict. We conclude that he did and...

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