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LARSON v. FETHERSTON

Nos. 151-153.

44 Wis.2d 712 (1969)

172 N.W.2d 20

LARSON and others, Plaintiffs and Respondents, v. FETHERSTON and others, Defendants: COMMERCIAL STATE BANK OF MADISON, Garnishee Defendant: NORTHWEST AIRLINES, INC., and others, Intervening Defendants and Respondents: JOHNSON and others, Intervening Defendants and Appellants. LARSON and others, Plaintiffs and Respondents, v. MUELLER TRAVEL AGENCY, INC., Defendant: FIRST NATIONAL BANK OF COLUMBUS, Garnishee Defendant: NORTHWEST AIRLINES, INC., and others, Intervening Defendants and Respondents: JOHNSON and others, Intervening Defendants and Appellants. NORTHWEST AIRLINES, INC., and others, Plaintiffs and Respondents, v. FETHERSTON and others, Defendants: LARSON and others, Defendants and Respondents: COMMERCIAL STATE BANK OF MADISON and others, Garnishee Defendants: JOHNSON and others, Intervening Defendants and Appellants.

Supreme Court of Wisconsin.

Decided November 25, 1969.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Richard R. Rynders of Madison.

For the respondents Norman L. Larson and Howard R. Meyer there was a brief by Lawton & Cates, and oral argument by John H. Bowers, all of Madison.

For the respondents Northwest Airlines, Inc., et al., there was a brief by Jasper, Winner, Perina & Rouse and Robert I. Perina, attorneys, and Harry Sauthoff, Jr., of counsel, all of Madison, and oral argument by Mr. Sauthoff.

HANLEY, J.

Two issues are raised on this appeal:

(1) Does the Sniadach decision, dated June 9, 1969, render the instant judgments inoperative; and

(2) Did the funds deposited in the garnishee banks constitute trust funds not subject to garnishment?

Applicability of Sniadach Decision.

The respondents seek to avoid dismissal of their garnishment actions by arguing that:

(1) The Sniadach decision was limited...

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