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FAMILY S. & L. v. BARKWOOD LANDSCAPING CO., INC.

Nos. 77-046, 77-530.

93 Wis.2d 190 (1980)

286 N.W.2d 581

FAMILY SAVINGS & LOAN ASSOCIATION, Plaintiff-Respondent, v. BARKWOOD LANDSCAPING COMPANY, INC., and others, Defendants: TRAPP, and others, Intervenors-Respondents. FAMILY SAVINGS & LOAN ASSOCIATION, Plaintiff-Respondent, v. LAKESHORE COMMERCIAL FINANCE CORPORATION, and others, Defendants-Appellants: HANSEN, and others, Defendants: GREENBRIER APARTMENTS, Purchaser-Respondent.

Supreme Court of Wisconsin.

Decided January 8, 1980.

Attorney(s) appearing for the Case

For the appellants there were briefs by Weiss, Steuer, Berzowski & Kriger, attorneys, Robert K. Steuer, of counsel, Walther & Halling, Hayes & Hayes and Chronus & Kotsonis, co-counsel, and oral argument by Robert K. Steuer, all of Milwaukee. [Case No. 77-046.]

For the respondents there was a brief by Cook & Franke, S.C., attorneys and John J. Ottusch, of counsel, and oral argument by Mr. Ottusch, all of Milwaukee. [Case No. 77-046.]

For the intervenors-respondents there was a brief by Frisch, Dudek & Slattery, Ltd., attorneys, Thomas J. Arenz and Lynn R. Laufenberg, of counsel, and oral argument by Mr. Laufenberg, all of Milwaukee. [Case No. 77-046.]

For the appellants there were briefs by Weiss, Steuer, Berzowski & Kriger, attorneys, Robert K. Steuer and Scott B. Fleming, of counsel; Walther & Halling, Hayes & Hayes and Chronus & Kotsonis, co-counsel, and oral argument by Robert K. Steuer, all of Milwaukee. [Case No. 77-530.]

For the respondent there was a brief by Cook & Franke, S.C., attorneys, and John J. Ottusch, of counsel, and oral argument by Mr. Ottusch, all of Milwaukee. [Case No. 77-530.]

WILLIAM G. CALLOW, J.

Case No. 77-046 is an appeal from a judgment of foreclosure entered June 30, 1977, from an order setting aside judgment, sale, and confirmation entered March 31, 1977, and from that portion of an order entered June 7, 1977, denying appellants' motions which requested the court find the funds held by the receiver on February 28, 1977, be considered as surplus funds to which the plaintiff had waived all claim by virtue of its prior bid or...

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