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ADLER v. D&H INDUSTRIES, INC.

No. 04-0464.

279 Wis.2d 472 (2005)

2005 WI App 43

694 N.W.2d 480

James ADLER and Doris Adler, Plaintiffs-Appellants, v. D&H INDUSTRIES, INC., David Lupton, and Howard Lee Arnson, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 9, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Terry E. Johnson and Heidi M. Biasi of Peterson, Johnson & Murray, S.C., of Milwaukee. There was oral argument by Terry E. Johnson.

On behalf of the defendants-respondents, the cause was submitted on the brief of J. Ric Gass, Amelia L. McCarthy and Beth Ermatinger Hanan of Gass, Weber & Mullins, LLC, of Milwaukee. There was oral argument by J. Ric Gass.

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

¶ 1. BROWN, J.

This case is about Wisconsin's exception to the permissive counterclaim rule known as the "common-law compulsory counterclaim rule." When a subsequent action would serve to nullify the initial judgment or would impair the rights established in the initial action, then we will bar the subsequent action and rule that it should have been raised as a counterclaim in the first action. Here, however, the original...

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