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are you talking about the contextual (dropdown) menu, when you control-click on a folder? there, you just... don't click on it.
 
I am talking about the finder ->use stacks dropdown, (Right-click on any part of the Desktop.) For some reasons, the desktop icons once so often switched to use stacks mode, I am not aware that I selected it, so when that happens, it comes as an annoying surprise. This has happened quite a few times.
 
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