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MARINE BANK APPLETON v. HIETPAS, INC.

No. 88-0638.

149 Wis.2d 587 (1989)

439 N.W.2d 604

MARINE BANK APPLETON, formerly known as Firstar Bank, N.A., a national institution, Plaintiff-Respondent, v. HIETPAS, INC., a Wisconsin corporation, City of Kaukauna, a municipal corporation, James R. Ellsworth, as Chairman of the Creditors Committee, L.B. Foster Company, a foreign corporation, Defendants, C. R. MEYER & SONS COMPANY, a Wisconsin corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 14, 1989.

Attorney(s) appearing for the Case

For defendant-appellant there were brief by Charles J. Hertel of Dempsey, Magnusen, Williamson & Lampe, Oshkosh.

For plaintiff-respondent there was a brief by William R. Steinmetz and Steven P. Schneider of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

C.R. Meyer and Sons Company appeals a foreclosure judgment holding that Meyer's construction lien was subordinate to a mortgage held by Marine Bank of Appleton, N.A. Although we accept Meyer's premise that the mortgage priority statute, sec. 706.11(1), Stats., is ambiguous, we reject its interpretation of the statute and other assertions of error and affirm the judgment.

The facts are undisputed. Meyer, a general contractor, started construction...

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