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MARSHALL-WISCONSIN v. JUNEAU SQUARE

Nos. 83-491, 83-1632, 85-0830.

130 Wis.2d 247 (1986)

387 N.W.2d 106

MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation; Gertrude Berggren, a limited partner of Marshall-East, a limited partnership; Marshall-East, Inc., a Wisconsin corporation; Harold C. Smith, III, as Executor of the Estate of Harold C. Smith, Jr., and the Estate of Mildred B. Smith, Defendants-Appellants, William T. COLLINGS; John J. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation; McDonald, Inc., a Wisconsin corporation; City of Milwaukee, a municipal corporation; Marshall-Michigan Co., Inc.; and unknown Heirs or Devisees of Charles Cochrane, Edward Cochrane, and John A. Cochrane, Defendants. MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation; Tennie M. Conway, an individual; Harold C. Smith, III, individually and as Executor of the Estate of Harold C. Smith, Jr., and the Estate of Mildred B. Smith, Defendants-Appellants, William T. COLLINGS; John J. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation; McDonald, Inc., a Wisconsin corporation; City of Milwaukee, a municipal corporation; and Marshall-Michigan Co., Inc., Defendants. MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation, William T. Collings; John J. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation; Marshall-East, Inc., a Wisconsin corporation; Gertrude H. Berggren; Estate of Harold C. Smith, Jr.; Estate of Mildred B. Smith and Marshall-Michigan Company, Inc., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 14, 1986.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Foley & Lardner by James O. Huber, Mark F. Foley, and Nancy J. Kopp, of Milwaukee.

For the defendants-appellants the cause was submitted on the briefs of George P. Kersten and Ann L. Muchin, with Kersten & McKinnon of counsel, of Milwaukee.

Before Moser, P.J., Sullivan and Brown, JJ.

MOSER, P.J.

Juneau Square Corporation and others (collectively, Juneau Square) appeal three separate judgments of foreclosure upon the mortgages on three separate properties. Because the events giving rise to the foreclosures were not part of the same transactions or occurrences giving rise to a prior federal antitrust claim, we affirm the trial courts' determinations that Marshall-Wisconsin Company, Inc. (Marshall-Wisconsin) was not required to bring the foreclosures...

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