Brian Wilburn, D/B/A Brian Wilburn & Associates v. Jack Cartwright, Inc.

HARLINGTON WOOD, Jr., Circuit Judge.

In this diversity action, defendant-appellant, Jack Cartwright, Inc. (“JCI”), appeals the decision of the trial court holding that the plaintiff-appellee, Brian Wilburn, was a dealer within the sense of the Wisconsin Fair. Dealership Law (“WFDL”), Wis.Stat. §§ 135.01 et seq. Wilburn v. Jack Cartwright, Inc., 543 F.Supp. 174 (E.D.Wis.1982) (“ Wilburn II”). The case was on remand to the district court for consideration in light of a recent Wisconsin Supreme Court decision, Foerster, Inc. v. Atlas Metal Parts Co., 105 Wis.2d 17, 313 N.W.2d 60 (1981),…