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SCHNEIDER v. RUCH

No. 88-0585.

146 Wis.2d 701 (1988)

431 N.W.2d 756

Raymond P. SCHNEIDER, Plaintiff-Appellant, v. Jim RUCH alias, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 29, 1988.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of James J. Caldwell, of Waukesha.

For the defendant-respondent the cause was submitted on the brief of Ronald E. Laitsch, of Watertown.

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

SUNDBY, J.

Raymond Schneider appeals from a judgment entered against him under sec. 802.11(5), Stats., when he failed to appear at a scheduled pretrial conference. Schneider claims that his conduct was not egregious and that the trial court abused its discretion in granting Ruch's motion to dismiss Schneider's complaint and for a default judgment on Ruch's counterclaim. We agree and reverse the judgment.

I.

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