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HORICON STATE BANK v. KANT LUMBER CO., INC.

No. 90-1949.

165 Wis.2d 543 (1991)

478 N.W.2d 26

HORICON STATE BANK, Plaintiff-Appellant, v. KANT LUMBER COMPANY, INC., Thomas C. Kant, and Sharon Z. Kant, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 7, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Lisa L. Derr of Boyle, Steffes & Schwefel of Beaver Dam.

For the defendants-respondents the cause was submitted on the briefs of Joseph G. Sciascia of Sciascia Law Office of Juneau.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

GARTZKE, P.J.

Horicon State Bank appeals from a $48,896.66 deficiency judgment against one of its mortgagors, Kant Lumber Company, Inc., and the mortgage note guarantors, Thomas and Sharon Kant. The bank bought the mortgaged property at a sheriffs sale. The bank contends that the trial court should have vacated the sale. The property is contaminated with petroleum, and the clean-up costs may exceed the property's value.

The bank argues (1) it and the defendants...

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