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MILWAUKEE MACK SALES v. FIRST WIS. NAT. BANK

No. 77-377.

93 Wis.2d 589 (1980)

287 N.W.2d 708

MILWAUKEE MACK SALES, INC., Plaintiff-Appellant, v. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, Defendant-Respondent: FRANKS, Intervenor.

Supreme Court of Wisconsin.

Decided February 7, 1980.

Attorney(s) appearing for the Case

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

For the respondent the cause was submitted on the brief of Michael P. Erhard and Foley & Lardner of Milwaukee.

HEFFERNAN, J.

The plaintiff, Milwaukee Mack Sales, Inc., commenced an action against the defendant, First Wisconsin National Bank of Milwaukee, asserting the priority of its security interest over the claim of First Wisconsin in the proceeds from the sale of a truck which had been owned by B. F. Leasing, Inc., which was indebted to both the plaintiff and the defendant. Based on the exhibits of record and the stipulation of facts entered into by counsel, the trial...

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