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DECADE'S MONTHLY FUND v. WHYTE & HIRSCHBOECK

No. 90-2793.

173 Wis.2d 665 (1993)

495 N.W.2d 335

DECADE'S MONTHLY INCOME & APPRECIATION FUND, a limited partnership, by it's general partners, Jeffrey Keierleber and Harold Barian, d/b/a Decade Companies, a Wisconsin partnership, Decade Securities Corporation and Decade Properties, Inc., Plaintiffs-Appellants, v. WHYTE & HIRSCHBOECK, S.C., Alvin Kriger and Attorneys' Liability Assurance Society, Inc., Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided February 18, 1993.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Clay R. Williams, Robert L. Gegios, Stephen W. Pasholk and Gibbs, Roper, Loots & Williams, S.C., Milwaukee and oral argument by Clay R. Williams.

For the plaintiffs-appellants there was a brief by Matthew J. Flynn, Michael G. Carter, Coleen A. Scherkenbach and Quarles & Brady, Milwaukee and oral argument by Mr. Flynn.

HEFFERNAN, CHIEF JUSTICE.

This is a review of a decision of the court of appeals, Decade's Monthly Fund v. Whyte & Hirschboeck, 164 Wis.2d 227, 474 N.W.2d 766 (Ct. App. 1991), reversing a summary judgment of the circuit court for Milwaukee county, Gary A. Gerlach, Judge, that held that Decade's Monthly Income and Appreciation Fund (Decade's) could not maintain a direct action malpractice...

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