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UNITED STATES v. BURCZYK

No. 259.

54 Wis.2d 67 (1972)

194 N.W.2d 608

UNITED STATES, Appellant, v. BURCZYK, Receiver, and others, Respondents: METRON STEEL CORPORATION, Plaintiff, v. ALBY MANUFACTURING, INC., Defendant.

Supreme Court of Wisconsin.

Decided February 29, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fred B. Ugast, acting United States assistant attorney general, and Meyer Rothwacks, Elmer J. Kelsey, and Charles E. Anderson, attorneys, all of Washington, D. C., and David J. Cannon, United States attorney, and Steven C. Underwood, assistant United States attorney, both of Milwaukee, of counsel, and oral argument by Mr. Underwood.

For the respondent Raymond Burczyk there was a brief by Howard, Peterman & Eisenberg and Russell A. Eisenberg, all of Milwaukee, and oral argument by Russell A. Eisenberg.

There was a brief for the respondent Department of Industry, Labor & Human Relations by Arnold J. Spencer, chief counsel, and W. H. Putnam, chief of enforcements section; and for the respondent village of Waterford by Johnson & Bremer and James F. Bremer, all of Waterford; and oral argument by Mr. Putnam and Mr. James F. Bremer.

HANLEY, J.

Two issues are presented on this appeal:

(1) Is the order of October 26, 1970, insofar as it reviews and confirms the orders of May 5, 1969, and May 9, 1969, an appealable order; and

(2) Did the trial court err in directing payment of the claims of the department and the village prior to satisfying the claim of the United States?

Appealability of order.

The village and the department made a special appearance in this...

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