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HUDSON DIESEL, INC. v. KENALL

No. 94-2416.

194 Wis.2d 531 (1995)

535 N.W.2d 65

HUDSON DIESEL, INC., Plaintiff-Appellant-Cross Respondent, v. Richard L. KENALL, Martin W. O'Connell, Jerry E. Harrington, Eugene E. Berg, Roger R. Evenson and Duane P. Razink, Defendants-Third Party Plaintiffs-Respondents-Cross Appellants, EDINA REALTY, INC., and Roger Hetchler, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided May 2, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant-cross respondent the cause was submitted on the briefs of Daniel P. Murray and B. J. Hammarback of Hammarback Law Offices, S.C. of River Falls.

For the defendants-third party plaintiffs-respondents-cross appellants the cause was submitted on the briefs of Catherine R. Quiggle of Rodli, Beskar, Boles, Krueger, S.C. of River Falls.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Hudson Diesel, Inc. (Hudson) appeals an order dismissing its complaint for discovery violations. Hudson contends the trial court erred by dismissing the complaint because: (1) the discovery violations were inadvertent, not egregious; (2) it had a justifiable excuse for the violations; (3) the information that it failed to furnish was incidental to the principal issue in dispute; and (4) it was not given an opportunity...

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