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WICK v. MUELLER

No. 80-1908.

105 Wis.2d 191 (1982)

313 N.W.2d 799

James WICK, Plaintiff-Appellant-Petitioner, v. Bruce MUELLER, d/b/a B & B Race Cars, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 5, 1982.

Attorney(s) appearing for the Case

For the appellant-petitioner there was oral argument by Keary W. Bilka of Fond du Lac.

For the defendant-respondent there was oral argument by Louis E. Archambault of Appleton.

Affirming Court of Appeals order not submitted for publication.

HEFFERNAN, J.

The court of appeals by an order dated January 13, 1981, dismissed as non-appealable as of right the appeal of the plaintiff, James Wick, from an order of the Circuit Court for Outagamie County, which ordered a new trial on the question of damages only and granted the plaintiff, Wick, the option of accepting a reduced damage award. The summary order of dismissal stated:

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