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TOWER SPECIAL FACILITIES v. INVESTMENT CLUB

No. 80-2269.

104 Wis.2d 221 (1981)

311 N.W.2d 225

TOWER SPECIAL FACILITIES, INC., Plaintiff-Appellant, v. INVESTMENT CLUB, INC., Roland Barker and Herbert E. Edlund, co-partners, d/b/a Regency Insurance Agency and Utica Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 22, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Carl F. Schetter, of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of Daniel R. Doucette and Kluwin, Dunphy, Hankin & McNulty, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Hanley, Reserve Judge.

DECKER, C.J.

We affirm dismissal of plaintiff's complaint because we conclude that an award for frivolous claim costs, sec. 814.025, Stats., can only be sought in the original proceeding in which the alleged frivolous claim was commenced, used or continued, and because the complaint fails to state a claim for relief based on malicious prosecution or abuse of process.

The events underlying this appeal arise out of...

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