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DANIEL v. BANK OF HAYWARD

No. 87-1159.

144 Wis.2d 931 (1988)

425 N.W.2d 416

Joseph DANIEL and Marijane Daniel, Plaintiffs-Appellants, v. BANK OF HAYWARD, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in court of appeals) by Joe Thrasher and Weisel, Thrasher, Doyle & Pelish, Ltd., Rice Lake and oral argument by Joe Thrasher.

For the defendant-respondent there was a brief (in court of appeals) by Scott W. Clark and Clark and Clark, Ashland and oral argument by Scott W. Clark.

Amicus curiae brief was filed by John E. Knight, James E. Bartzen and Boardman, Suhr, Curry & Field, Madison for Wisconsin Bankers Association.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal from a judgment of the circuit court for Sawyer county, Alvin L. Kelsey, circuit judge. The judgment dismissed Joseph and Marijane Daniel's complaint and granted summary judgment in favor of the defendant, Bank of Hayward. We granted the petition to bypass. Sec. 808.05(1) Stats. 1985-86. We reverse the judgment of the circuit court and remand the case.

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