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STIVARIUS v. DIVALL

No.82-1583.

121 Wis.2d 145 (1984)

358 N.W.2d 530

Martha E. STIVARIUS, Plaintiff-Respondent, v. Marion DIVALL, individually and as Personal Representative of the Estate of Fred DiVall, a/k/a Frederick DiVall, deceased, David DiVall, individually and as Trustee of the Estate of Fred DiVall, a/k/a Frederick DiVall, deceased, and Richard DiVall, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided December 7, 1984.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Richard C. Ninneman, Thomas C. Ewing and Whyte & Hirschboeck, S.C., Milwaukee, and oral argument by Mr. Ninneman.

For the plaintiff-respondent there was a brief by Jack McManus, Dennis J. Sieg and McManus Law Offices, Madison, and oral argument by Mr. McManus.

SHIRLEY S. ABRAHAMSON, J.

This is a review of a published decision of the court of appeals, Stivarius v. DiVall, 117 Wis.2d 62, 342 N.W.2d 782 (Ct. App. 1983), affirming an order of the circuit court for Grant county, William L. Reinecke, Circuit Judge. The order adjudged the plaintiff's action to be frivolous under sec. 814.025, Stats. 1981-82,1 but refused...

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