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BOLGER v. MERRILL LYNCH TRUST

No. 87-0341.

143 Wis.2d 766 (1988)

423 N.W.2d 173

Thomas E. BOLGER and Barbara Bolger Gehl, Plaintiffs-Respondents and Cross-Appellants, v. MERRILL LYNCH READY ASSETS TRUST, Defendent, Third-Party Plaintiff-Appellant and Cross-Respondent, Thomas E. BOLGER, Barbara Bolger Gehl, R. Allen Beamer and Kathleen Gehl Beamer, Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 1, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-respondents and cross-appellants, the cause was submitted on the briefs of Robert E. Shumaker and David J. Hase, of Foley & Lardner, of Milwaukee.

For the defendant, third-party plaintiff-appellant and cross-respondent, the cause was submitted on the briefs of James G. Howard and Thomas R. Schrimpf, of Kluwin, Dunphy & Hankin, of Milwaukee.

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

WEDEMEYER, J.

Merrill Lynch Ready Assets Trust (ML) appeals from a judgment rendered in favor of Thomas E. Bolger (Bolger) and Barbara Bolger Gehl (Gehl) and against ML. ML also appeals from the dismissal of its third-party complaint against Bolger and Gehl on the merits and with prejudice.1

The dispositive issue on appeal is whether, under the undisputed facts, sec. 112.01(6), Stats...

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