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B&B INVESTMENTS v. MIRRO CORP.

No. 87-1668.

147 Wis.2d 675 (1988)

434 N.W.2d 104

B&B INVESTMENTS, Plaintiff-Appellant-Cross Respondent. v. MIRRO CORPORATION, Defendant-Respondent-Cross Appellant, FREIS CORPORATION, Defendant-Cross Respondent, KURTZ'S, INC., a Wisconsin corporation, Unknown Husbands, Wives, Widows, Widowers, Heirs, Devisees, Legatees, Grantees, Representatives, Assigns, and All Persons Claiming Any Right, Title or Interest in, or Lien Upon Any of the Land Described at the Foot of the Summons, and Generally All Persons, Whom it May Concern, Defendants.

Court of Appeals of Wisconsin.

Decided November 23, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross respondent the cause was submitted on the briefs of Bihler & Kuehl, S.C., of Milwaukee.

On behalf of the defendant-respondent-cross appellant the cause was submitted on the briefs of Richard P. Carr and John R. Stoffer of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee.

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

BROWN, P.J.

B & B Investments, a partnership, appeals from an order dismissing its action for quiet title and breach of warranty against Mirro Corporation. We affirm the dismissal, finding it an appropriate sanction for partner Robert T. Burrows' bad faith invocation of the fifth amendment at deposition. Mirro appeals from an order denying its motion for costs and attorney's fees under sec. 814.025, Stats., the frivolous claims statute. We reverse and remand for...

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