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FIRST WIS. NAT. BANK v. MIDLAND NAT. BANK

No. 75-401.

76 Wis.2d 662 (1977)

251 N.W.2d 829

FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, Respondent, v. MIDLAND NATIONAL BANK, Appellant.

Supreme Court of Wisconsin.

Decided March 29, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Charne, Glassner, Tehan, Clancy & Taitelman, S.C., and oral argument by Irvin Charne, all of Milwaukee.

For the respondent there was a brief by Foley & Lardner and oral argument by James O. Huber and Rodney H. Dow, all of Milwaukee.

ROBERT W. HANSEN, J.

This appeal raises two queries at the outset: (1) Did First Wisconsin have a security interest in the obligation of Midland to Kassuba evidenced by the certificates of deposit and, if so, (2) did the existence of that security interest preclude Midland from setting off its obligation to Kassuba against Kassuba's obligation to Midland. If these two questions are answered affirmatively, the trial court's grant of summary judgment to First Wisconsin...

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