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J.J. ANDREWS, INC. v. MIDLAND

No. 90-2158.

164 Wis.2d 215 (1991)

474 N.W.2d 756

J.J. ANDREWS, INC., Plaintiff-Respondent, v. Richard MIDLAND and Rita Midland, Defendants-Appellants, BANK ONE-WAUKESHA, Defendant.

Court of Appeals of Wisconsin.

Decided August 7, 1991.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of John Staks of Staks & Diel, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Kimberly A. Kunz of Michael, Best & Friedrich of Milwaukee.

Before Brown, Scott and Anderson, JJ.

ANDERSON, J.

Richard and Rita Midland appeal from a judgment affirming an arbitrator's award. There are three issues on appeal. First, whether J.J. Andrews, Inc. (Andrews) waived arbitration when it commenced this lawsuit without requesting arbitration, undertook discovery and then moved to stay judicial action to permit arbitration, pursuant to sec. 788.02, Stats. Second, whether the trial court erred in not conducting...

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