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DIECK v. ANTIGO SCHOOL DISTRICT

No. 89-2356.

157 Wis.2d 134 (1990)

458 N.W.2d 565

William DIECK, and James Tatro, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNIFIED SCHOOL DISTRICT OF ANTIGO, Langlade, Marathon and Shawano counties, Wisconsin, Linda Szitta, Jeffrey Wagner, Michael Hunter, Gary Kieper, Nancy Igl, Thomas Hartman, Dr. Robert Keener, Shirley Nagel, Steven Brettingen, Antigo School Building Leasing Corporation, and First Wisconsin Trust Company, Milwaukee, Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 19, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Richard J. Weber and David H. Perlman and the cause was orally argued by Richard J. Weber of Kelley, Weber, Pietz & Slater, S.C. of Wausau.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas Terwilliger and Cassandra B. Westgate and the cause was orally argued by Cassandra B. Westgate of Terwilliger, Wakeen, Piehler & Conway, S.C. of Wausau.

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

CANE, P.J.

William Dieck and James Tatro, as members of a class (collectively plaintiffs), appeal a summary judgment in favor of the Unified School District of Antigo (district), school board members, and other parties to a complex lease purchase agreement for a new high school. The plaintiffs sought a declaratory judgment that the district lacked the power to enter into this transaction. Their central argument is that the district's transaction created an indebtedness...

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