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COMMUNITY NAT. BANK v. O'NEILL

No. 90-0615.

157 Wis.2d 244 (1990)

458 N.W.2d 385

COMMUNITY NATIONAL BANK, Plaintiff-Appellant, v. Margaret G. O'NEILL, f/k/a Margaret G. Prager, Frederick William Prager, a/k/a Frederick W. Prager, a/k/a Fred Prager, and Marlys J. Prager, his wife, as individuals and d/b/a Prager Farms, and United States of America, a sovereign entity, through Farmers Home Administration, Defendants-Respondents, COMMODITY CREDIT CORPORATION, a farm funding corporation, Payne & Dolan, Inc., a Wisconsin corporation, and The Federal Land Bank of St. Paul, Defendants.

Court of Appeals of Wisconsin.

Decided June 27, 1990.

Attorney(s) appearing for the Case

On behalf of the defendants-respondents, a motion to dismiss was filed by Dona J. Merg of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. of Madison.

On behalf of the plaintiff-appellant, a response to the motion to dismiss was filed by Ross A. Anderson and Jeffrey P. Aiken of Frisch Dudek, Ltd. of Milwaukee.

Before Nettesheim, P.J., Scott, J., and Circuit Judge Daniel P. Anderson, acting.

PER CURIAM.

In a different appeal, the Community National Bank (CNB) has appealed a judgment of foreclosure in its favor determining its fourth priority position. In this appeal, CNB appeals an order confirming a sheriff's sale. The respondents move to dismiss this appeal on the ground that the circuit court had authority under secs. 808.07(1) and 808.075(1), Stats., to confirm the sheriff's sale while an appeal was pending...

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