DEPARTMENT OF REVENUE v. MILWAUKEE MACK SALES

No. 76-451.

91 Wis.2d 1 (1979)

280 N.W.2d 274

DEPARTMENT OF REVENUE, Barnett W. FRANKS, Receiver, Plaintiffs-Appellants, v. MILWAUKEE MACK SALES, INC., Defendant-Respondent: B. F. LEASING, INC., Defendant.

Supreme Court of Wisconsin.

Decided June 29, 1979.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Seymour Pikofsky, attorney, of Milwaukee, and N. John Fliss, department of revenue.

For the respondent the cause was submitted on the brief of Rakita & Rakita of Milwaukee.


SHIRLEY S. ABRAHAMSON, J.

Barnett Franks was appointed receiver at the request of the Department of Revenue (the Department) in a supplementary proceeding brought by the Department against B.F. Leasing, Inc. The circuit court decided, in the supplementary proceeding, that the claim of Milwaukee Mack Sales, Inc. (Mack Sales), an alleged secured creditor of B.F. Leasing, to two trucks had priority over that of the Department or receiver and the circuit court released...

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