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OPEN PANTRY FOOD MARTS v. FALCONE

No. 79-098.

92 Wis.2d 807 (1979)

286 N.W.2d 149

OPEN PANTRY FOOD MARTS OF SOUTHEASTERN WISCONSIN, INC., Plaintiff-Respondent, v. FALCONE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 16, 1979.

Attorney(s) appearing for the Case

For the appellant, a brief was submitted by Mary L. Sfasciotti of Kenosha.

For the respondent, a brief was submitted by Robert P. Goodman of Goodman & Michelson of Racine.

Before Voss, P.J., Brown and Cannon, J.J.

BROWN, J.

This is an appeal from a judgment dismissing that part of defendant's counterclaim alleging damages resulting from violations of the Wisconsin Antitrust Law. The trial court reasoned the antitrust claim was barred by sec. 893.21(1), Stats.,1 which establishes a period of two years for the commencement of actions for statutory penalties. The sole issue is whether the antitrust claim was subject to the two year statute of limitations...

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