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GEROL v. ARENA

No. 83-2386.

127 Wis.2d 1 (1985)

377 N.W.2d 618

A. Yale GEROL, Plaintiff-Respondent, v. Duane L. ARENA, Defendant-Appellant/Respondent, POTOMAC INSURANCE COMPANY, a foreign corporation, Defendant and Co-Appellant.

Court of Appeals of Wisconsin.

Decided October 2, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant/respondent, the cause was submitted on brief of Irving W. Zirbel, Esq. and Paul R. Erickson, Esq. of Zirbel, Howard & Malone, S.C. of Milwaukee and Eugene Gasiorkiewicz of Hanson & Gasiorkiewicz, S.C. of Racine.

For the co-appellant, the cause was submitted on the brief of Henry A. Field, Jr. and James E. Bartzen of Boardman, Suhr, Curry & Field of Madison.

For the plaintiff-respondent, the cause was submitted on the brief of William F. Nelson, Robert Horowitz, Peter T. Julka, and Thomas M. Pyper of Stafford, Rosenbaum, Rieser & Hansen of Madison.

Before Brown, P.J., Nettesheim and Dykman, JJ.

BROWN, P.J.

The major issue is whether treble damages permitted by sec. 133.18(1), Stats., may be awarded in a lawsuit alleging a conspiracy by two or more people to injure a person's reputation or occupation under sec. 134.01, Stats. We conclude they may not.

Preliminarily, we reach sufficiency of evidence issues. In reciting the facts, we will do so in a light most favorable to the verdict. See Meurer v. ITT General Controls, 90...

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