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SCHMID v. OLSEN

No. 81-1004.

107 Wis.2d 289 (1982)

320 N.W.2d 18

Arthur A. SCHMID, Plaintiff-Appellant, v. Charlotte M. OLSEN and American Family Mutual Insurance Company, a domestic corporation, and Associated Hospital Service, Inc., a domestic corporation, and United States of America, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 13, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Joseph G. Doherty of Bunk, Conter, Doherty & Griffin, S.C. of West Bend. Oral argument by Joseph G. Doherty.

For the defendants-respondents there was a brief by Norman C. Skogstad of Grafton. Oral argument by Lydia Y. Cooley of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

The issue on this appeal is whether the trial court abused its discretion when it relieved a party from the effect of its failure to respond to a request for admission under sec. 804.11, Stats. We hold that the trial court did not abuse its discretion because allowing withdrawal of the admission served presentation of the merits on a genuine issue in this case and because Schmid did not show that he was prejudiced. Accordingly, the judgment is affirmed....

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