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DISCOUNT FABRIC HOUSE v. WISCONSIN TEL.

No. 82-350.

113 Wis.2d 258 (1983)

334 N.W.2d 922

DISCOUNT FABRIC HOUSE OF RACINE, INC., Plaintiff-Respondent, v. WISCONSIN TELEPHONE COMPANY, a Wisconsin corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 25, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of F.D. Huber, Jr. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Russell M. Ware and Kent A. Tess-Mattner of Schoone, McManus, Hankel & Ware, S.C. of Racine.

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

SCOTT, C.J.

This is an appeal from a judgment awarding $9,000 to Discount Fabric House of Racine, Inc. for negligent omission of part of its advertisement from the 1978 Racine yellow pages. Because this court concludes that the limitation of liability provision in the Wisconsin Telephone Company's yellow pages advertising contract is not unconscionable and unenforceable, we reverse.

The facts of this case are not in dispute. Discount Fabric House of Racine...

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