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SUBURBAN STATE BANK v. SQUIRES

No. 87-1821.

145 Wis.2d 445 (1988)

427 N.W.2d 393

SUBURBAN STATE BANK, f/k/a State Bank of Hartland, Plaintiff-Appellant Cross-Respondent, v. Dorwin SQUIRES, Defendant-Respondent Cross-Appellant.

Court of Appeals of Wisconsin.

Decided June 8, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant cross-respondent, the cause was submitted on the brief of Thomas R. Fahl of Flanagan, Sendik & Fahl, S.C., of Milwaukee.

On behalf of the defendant-respondent cross-appellant, the cause was submitted on the brief of August Fabyan, Jr. of Haight & Fabyan, of Hartland.

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

BROWN, P.J.

We deem the major issue on appeal to be whether the trial court properly awarded attorney's fees pursuant to sec. 425.308, Stats., of the Wisconsin Consumer Act (WCA). Because we conclude that sec. 425.308 provides for an award of attorney's fees only when the provisions of the WCA are violated, we reverse that portion of the trial court's judgment which ruled otherwise.

The facts available to us are sketchy; neither the appellant nor cross-appellant...

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