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SEGALL v. HURWITZ

No. 81-1816.

114 Wis.2d 471 (1983)

Sol SEGALL, Plaintiff-Appellant, v. Max HURWITZ, Peter J. Miller, Archie D. Horne, Jr., David B. Hoff, Roger K. Gaumnitz, Opitz Realty, Inc., and The Park Bank, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 27, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Michael R. Fox and Fox & Crandall of Madison.

For the defendants-respondents Peter J. Miller and Archie D. Horne, Jr., the cause was submitted on the brief of Fred A. Risser and Risser & Risser of Madison.

For the defendant-respondent David B. Hoff, the cause was submitted on the brief of James A. Lagodney and Loeb, Ching & Lagodney, S.C. of Madison.

For the defendant-respondent The Park Bank, the cause was submitted on the brief of James R. Cole, Kathryn L. Norton and Beverly R. Reding and Ross & Stevens, S.C. of Madison.

Before Gartzke, P.J., Foley, J., and W.L. Jackman, Reserve Judge.

GARTZKE, P.J.

Plaintiff Segall appeals from a summary judgment dismissing his complaint against Peter Miller, Archie Horne, Jr., David Hoff, Roger Gaumnitz, Max Hurwitz and The Park Bank. We conclude that the trial court erred in applying the statute of limitations to bar claims against Miller and Horne. We reverse the judgment and remand for further proceedings as to those claims and otherwise affirm.

This action was commenced May 23, 1979 when Segall's complaint...

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