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OLIVER v. HERITAGE MUT. INS. CO.

No. 92-2934.

179 Wis.2d 1 (1993)

505 N.W.2d 452

Michael OLIVER, Plaintiff-Respondent-Cross Appellant, v. HERITAGE MUTUAL INSURANCE COMPANY and John K. Hoffman, Defendants-Appellants, Cross Respondents.

Court of Appeals of Wisconsin.

Decided August 25, 1993.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross respondents, the cause was submitted on the briefs of Arthur P. Simpson of Simpson & Deardorff of Milwaukee.

On behalf of the defendant-appellant-cross respondent, John K. Hoffman, the cause was submitted on the brief of Timothy S. Knurr of Schoone, Fortune & Leuck, S.C. of Racine

On behalf of the plaintiff-respondent-cross appellant, the cause was submitted on the briefs of M. Angela Dentice of Hausmann-McNally, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

Although there are several important issues, we deem the main issue to be whether the trial court misused its discretion when it ordered that an African-American be placed in the jury array from the petit jury and later ordered that the same African-American be placed on the voir dire panel of prospective jurors even though he had not been randomly selected in either instance. We hold that although the trial court's action was only with the highest...

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