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IN RE MARRIAGE OF FESSLER

No. 87-2301.

147 Wis.2d 1 (1988)

IN RE MARRIAGE OF: Margaret Elizabeth FESSLER, Petitioner-Respondent, v. Hubert Lambert FESSLER, Appellant.

Court of Appeals of Wisconsin.

Decided July 29, 1988.

Attorney(s) appearing for the Case

For the petitioner-respondent the cause was submitted on the briefs of Lanser & Resnick, by Janet F. Resnick, of Milwaukee.

For the appellant the cause was submitted on the briefs of Cook & Franke, S.C., by Robert E. Cook and William A. Jennaro, of Milwaukee.

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

SULLIVAN, J.

Hubert L. Fessler (Hubert) appeals an order which modified the periodic payment provision of his divorce judgment. The circuit court construed the judgment as one for maintenance and. therefore subject to modification. Hubert argues that the periodic payments relate to the division of estate and hence are not subject to modification.

The facts are undisputed. Hubert and Margaret E. Fessler (Margaret) were married September 11, 1954 and divorced...

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