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TRI-TECH CORP. v. AMERICOMP SERV.

No. 00-3195.

254 Wis.2d 418 (2002)

2002 WI 88

646 N.W.2d 822

TRI-TECH CORPORATION OF AMERICA, Plaintiff-Respondent, v. AMERICOMP SERVICES, INC., Defendant, James SCHMIDT, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 3, 2002.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Dayten P. Hanson, Milwaukee, and oral argument by Dayten P. Hanson.

For the plaintiff-respondent there was a brief by Robert J. Welcenbach, Michael J. Widmann and Welcenbach & Widmann, Milwaukee, and oral argument by Robert J. Welcenbach.

¶ 1. DIANE S. SYKES, J.

The issue in this case is whether the treble damages remedy of Wis. Stat. § 895.80 (1999-2000)1 is available for civil theft by contractor under Wis. Stat. § 779.02(5), and if so, whether it requires proof of the elements of the criminal offense under Wis. Stat. § 943.20(1)(b), including criminal intent. We hold that it is, and it does.

¶...

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