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01-1833, 01-2258 Digicorp Inc., et al. v. Ameritech Corporation, et al.

By: dmc-admin//June 17, 2002//

01-1833, 01-2258 Digicorp Inc., et al. v. Ameritech Corporation, et al.

By: dmc-admin//June 17, 2002//

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This is an appeal and cross-appeals from judgments entered on a jury verdict. The jury awarded damages to Digicorp, Inc., for Ameritech Corporation’s breach of contract and intentional misrepresentation, to Bacher Communications, Inc., for Ameritech’s intentional misrepresentation, and to Ameritech for Digicorp’s breach of contract. All three parties appeal and cross-appeal various aspects of the judgments.

Ameritech argues that: (1) the economic loss doctrine bars both Digicorp and Bacher’s claims; (2) there is insufficient evidence to support Digicorp and Bacher’s intentional misrepresentations claims; (3) Bacher has never identified the misrepresentation, who made it, who received it and when it was made; (4) Ameritech did not breach its contract with Digicorp by violating the duty of good faith and fair dealing; (5) Digicorp is entitled to not more than one month’s lost profits; (6) Bacher’s damages must be reduced as a matter of law; and (7) Digicorp is not entitled to punitive damages.

We reject these arguments and affirm the judgments entered in favor of Digicorp and Bacher.

Not recommended for publication in the official reports.

Dist III, Brown County, Griesbach, J., Peterson, J.

Attorneys:

For Appellant: Michael B. Apfeld, Milwaukee; Daniel T. Flaherty, Appleton; Craig Kubiak, Appleton

For Respondent: Victor Plantinga, Brookfield; Douglas W. Rose, Brookfield

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