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BARBIAN v. LINDNER BROS. TRUCKING CO., INC.

No. 80-1040.

106 Wis.2d 291 (1982)

316 N.W.2d 371

James N. BARBIAN and Joan L. Barbian, his wife, Plaintiffs-Appellants-Petitioners, v. LINDNER BROS. TRUCKING COMPANY, INC., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 2, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners there was a brief by Hugh R. Braun and Godfrey & Trump of Milwaukee, and oral argument by Mr. Braun.

For the defendant-respondent there was a brief by Truman Q. McNulty and Kluwin, Dunphy, Hankin & McNulty of Milwaukee, and oral argument by Truman Q. McNulty.

Affirming in part, reversing in part and remanding 101 Wis.2d 735, 306 N.W.2d 308.

DAY, J.

This is a review of a decision of the court of appeals which vacated an order of the circuit court for Milwaukee county, Hon. Louis J. Ceci, Judge, dismissing the complaint of plaintiffs-appellants-petitioners, James N. Barbian and Joan L. Barbian (hereinafter Barbians) on the ground of res judicata. The court of appeals remanded the matter to the trial court...

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