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PRAHL v. BROSAMLE

No. 87-1384.

142 Wis.2d 658 (1987)

420 N.W.2d 372

Helmut PRAHL, Dynatron Research Foundation, Inc., and Dynatron Research Corporation, Plaintiffs-Appellants, v. Bryan BROSAMLE, Forward Communications Corporation, Lieutenant Kuenning and County of Dane, Defendants-Respondents.

Court of Appeals of Wisconsin.

December 17, 1987.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of John P. Koberstein, of Madison.

For the defendants-respondents Bryan Brosamle and Forward Communications Corporation the cause was submitted on the brief of John M. Moore and Jean M. Wiencek and Bell, Metzner & Gierhart, S.C., of Madison.

For the defendants-respondents Lieutenant Kuenning and County of Dane the cause was submitted on the brief of Lloyd J. Blaney and Dew, Blaney & Olson, of Madison.

Before Gartzke, P.J., Eich and Sundby, JJ.

EICH, J.

Helmut Prahl, Dynatron Research Foundation, Inc., and Dynatron Research Corporation (collectively, Prahl) appeal from an order dismissing their complaint for failure to prosecute the action under sec. 805.03, Stats. The issues are: (1) whether secs. 808.08(1) and (2) and 808.09, Stats., preclude dismissal as a matter of law; and (2) if not, whether the trial court abused its discretion in so ordering. We answer both questions in the negative and affirm.<...

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