Opinion
No. 99-3199.
Oral Argument: March 5, 2002. Opinion Filed: April 30, 2002.
REVIEW of a decision of the Court of Appeals. Affirmed.
For the plaintiffs-appellants-petitioners there were briefs by Michael L. Stoker and Johns Flaherty, S.C., La Crosse, and oral argument by Thomas Dubbs.
For the defendants-respondents there were briefs by Ralph V. Topinka and Quarles Brady, LLP, Madison; Tefft W. Smith, J. Robert Robertson, Nathaniel M. Cousins, Catherine Fazio and Kirkland Ellis, Chicago, Illinois; Theodore L. Banks, Seth A. Eisner and Kraft Foods, Inc., Northfield, Illinois; Michael Fischer, G. Michael Halfenger and Foley Lardner, Milwaukee; Howard A. Pollack and Godfrey Kahn, S.C., Milwaukee ; Thomas F. Ryan, Bruce M. Zessar, Gabriel Aizenberg and Sidley Austin Brown Wood, Chicago, Illinois; Colleen K. Nissl and Borden, Inc., Columbus, Ohio; Scott W. Hansen, Christopher Banaszak and Reinhart, Boerner, Van Deuren, Norris Rieselbach, S.C., Milwaukee; and oral argument by Tefft W. Smith.
An amicus curiae brief was filed by Kevin J. O'Connor, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.
An amicus curiae brief was filed by James A. Buchen on behalf of Wisconsin Manufacturers Commerce, and William F. White and Michael Best Friedrich, LLP, Madison, on behalf of the Wisconsin Utilities Association, Inc.
This is a review of a published decision of the court of appeals,Servais v. Kraft Foods, 2001 WI App 165, 246 Wis.2d 920, 631 N.W.2d 629, that affirmed a judgment of the Circuit Court for Dane County, P. Charles Jones, Judge. The court is equally divided on the question of whether the decision of the court of appeals should be affirmed or reversed. Justices N. PATRICK CROOKS, DAVID T. PROSSER, and DIANE S. SYKES would affirm; Chief Justice SHIRLEY S. ABRAHAMSON and Justices WILLIAM A. BABLITCH and ANN WALSH BRADLEY would reverse. Justice JON P. WILCOX did not participate. Accordingly, the decision of the court of appeals is affirmed.