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WISCONSIN BRICK AND BLOCK CORP. v. VOGEL

No. 271.

54 Wis.2d 321 (1972)

195 N.W.2d 664

WISCONSIN BRICK and BLOCK CORPORATION, Plaintiff and Appellant, v. VOGEL and others, Defendants and Respondents and Third-Party Plaintiffs: PIPER and another, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frederick F. Hillyer of Madison.

For the defendants-respondents Vogel there was a brief by McBurney, Musolf & Whipple, S. C., and Carlyle H. Whipple, all of Madison, and oral argument by Carlyle H. Whipple.

For the third-party defendant-respondent Four Lakes Fuel Corporation there was a brief by Boardman, Suhr, Curry & Field, and oral argument by Michael W. Wilcox, all of Madison.

HALLOWS, C. J.

Although the parties agreed to consolidate the foreclosure actions with the ch. 128, Stats., proceeding and the order thereon stated the consolidation was for the purpose of determining all the rights of the parties, it is questionable whether the consolidation was one which could be effected under sec. 269.05.1 A voluntary assignment for the benefit of creditors is not an action...

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