Russell M. Ware v. Adrian P. Schoone

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No. 93-2873 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 93-2873 STATE OF WISCONSIN : IN SUPREME COURT Russell M. Ware, FILED Plaintiff-Appellant-Petitioner, MAR 29, 1996 v. Adrian P. Schoone, Richard A. Fortune and Mark J. Leuck, Marilyn L. Graves Clerk of Supreme Court Madison, WI Defendants-Respondents-Respondents, Schoone, Fortune & Leuck, S.C., Defendant. REVIEW of a decision of the Court of Appeals. PER CURIAM. Affirmed. The court is equally divided on the question of whether the unpublished decision of the court of appeals should be affirmed or reversed, Chief Justice ROLAND B. DAY, Justice JON P. WILCOX, and Justice ANN WALSH BRADLEY being of the opinion that the decision should be affirmed, and Justice SHIRLEY S. ABRAHAMSON, Justice DONALD W. STEINMETZ, and Justice JANINE P. GESKE being of the opinion that the decision should be reversed. Justice WILLIAM A. BABLITCH did not participate. No. 93-2873 Accordingly, the decision of the court of appeals affirmed. SUPREME COURT OF WISCONSIN 93-2873 Case No.: Complete Title of Case: Russell M. Ware, Plaintiff-Appellant-Petitioner, v. Adrian P. Schoone, Richard A. Fortune and Mark J. Leuck, Defendants-Respondents, Schoone, Fortune & Leuck, S.C., Defendant. ________________________________________ REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 191 Wis. 2d 359, 530 N.W.2d 69 (Ct. App. 1995) UNPUBLISHED Opinion Filed: March 29, 1996 Submitted on Briefs: Oral Argument: February 27, 1996 Source of APPEAL COURT: COUNTY: JUDGE: JOHN Circuit Racine R. RACE JUSTICES: Concurred: Dissented: Not Participating: BABLITCH, J., did not participate 2 is No. 93-2873 For the plaintiff-appellant-petitioner there were briefs by L. William Staudenmaier, Alexander T. Pendleton and Cook & Franke, S.C., Milwaukee and oral argument by L. William Staudenmaier. ATTORNEYS: For the defendants-respondents there was a brief by Thomas M. Devine, David A. Wolfe and Hostak, Henzl & Bichler, S.C., Racine and oral argument by Thomas M. Devine.