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DUNN v. FRED A. MIKKELSON, INC.

No. 76-168.

88 Wis.2d 369 (1979)

276 N.W.2d 748

DUNN, and others, Plaintiffs-Respondents, v. FRED A. MIKKELSON, INC., and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided March 27, 1979.

Attorney(s) appearing for the Case

For the appellants there were briefs by Robert A. Teper, Joseph F. Wresching and Teper, Fiorenza, Weiss & Teper, S.C., and oral argument by Paul Prentiss, all of Milwaukee.

For the respondents there was a brief by Gordon K. Aaron and Axel, Aaron & Goldman, and oral argument by Gordon K. Aaron, all of Milwaukee.

DAY, J.

The defendants Fred A. Mikkelson, Inc. et al. appeal a part of an order dismissing the action brought by the plaintiffs Warren H. Dunn, et al., entered August 30, 1976 in the circuit court of Milwaukee County, the Honorable Richard W. Orton, presiding.

The questions before us are:

1. Should the standard of review of the terms and conditions of a voluntary dismissal under Rule 805.04(2) be limited to abuse of discretion, or should this court...

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