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STATE EX REL. LABORERS UNION v. KENOSHA CIR. CT.

No. 83-073-W.

112 Wis.2d 337 (1983)

332 N.W.2d 832

STATE of Wisconsin EX REL. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO & CIC-LABORERS BUILDING & GENERAL CONSTRUCTION LOCAL #237, and The Home Insurance Company, Petitioners, v. CIRCUIT COURT FOR KENOSHA COUNTY, The Honorable John E. Malloy, presiding, and Mary Ellen Christensen, Donald Christensen, City of Kenosha, Employers' Mutual Liability Insurance Company of Wisconsin, and Brick & Stone Masons Union Local #20, Lake County, Illinois, Respondents.

Court of Appeals of Wisconsin.

Decided March 16, 1983.

Attorney(s) appearing for the Case

For the petitioners there was a petition for supervisory writ submitted by Craig W. Nelson of Piette, Knoll & Nelson, S.C. of Milwaukee.

For the respondents there was a response to the petition for supervisory writ submitted by James E. Fitzgerald of Lucareli, Newman, Ungemach & Fitzgerald of Kenosha.

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

VOSS, P.J.

Laborers International Union of North America, AFL-CIO & CIC-Laborers Building and General Construction Local #237, and the Home Insurance Company have petitioned for a supervisory writ to prohibit the Honorable John E. Malloy from proceeding as trial judge in an underlying case and to compel Judge Malloy to request the assignment of a new judge pursuant to sec. 801.58, Stats.1

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