Opinion
Case No.: 98-1737.
Oral Argument: February 29, 2000.
Opinion Released: March 10, 2000. Opinion Filed: March 10, 2000.
REVIEW of a decision of the Court of Appeals. Affirmed. Reported at: 229 Wis.2d 132, 598 N.W.2d 262 (Ct.App. 1999 — Published)
APPEAL from an order of the circuit court for St. Croix County, SCOTT R. NEEDHAM, Judge.
For the defendant-appellant-petitioner there were briefs by Eric J. Magnuson, John B. Lunseth II and Rider, Bennett, Egan Arundel, LLP, Minneapolis, and Daniel W. Hildebrand and DeWitt Ross Stevens, Madison, and oral argument by Daniel W. Hildebrand.
For the plaintiff-respondent there was a brief by Michael R. Gray, Scott S. Payzant and Mackall, Crounse Moore, PLC, Minneapolis, and oral argument by Scott S. Payzant.
The court is equally divided on the question of whether the published decision of the court of appeals, Douglas-Hanson Co., Inc. v. BF Goodrich Co., No. 98-1737 (June 29, 1999), should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY, and Justice DAVID T. PROSSER would affirm; Justice WILLIAM A. BABLITCH, Justice N. PATRICK CROOKS, and Justice DIANE S. SYKES would reverse. Justice JON P. WILCOX did not participate.
¶ 2. Accordingly, the decision of the court of appeals is affirmed.