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LINNMAR, INC. v. FIRST ENTERPRISES

No. 91-0018.

161 Wis.2d 706 (1991)

468 N.W.2d 753

LINNMAR, INC., Paul W. Hemker and Marilyn J. Hemker, Plaintiffs-Appellants, v. FIRST ENTERPRISES, INC., A Wisconsin Corporation and First Federal Savings & Loan Association, La Crosse, Wisconsin, Defendants-Third Party Plaintiffs-Respondents, STATE of Wisconsin, Department of Revenue, First National Bank of La Crosse, n/k/a Norwest Bank La Crosse, Mathy Construction Company, a Wisconsin Corporation, Meade & Hunt, Inc., a Wisconsin Corporation, T.F. Gannon, V. Downing Edwards & Associates, Ltd., f/k/a Edwards, Becker & Lynch, P.Y.A. Monarch, Inc., a Minnesota Corporation, Ideal Ready Mix Concrete, George D. Pathos, Hubbard Leasing Company, f/k/a Trans-Agri Leasing and Jon J. Ebner, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided March 7, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the motion of Frank A. Ross of Ross & Chatterton of Madison.

For the defendants-third party plaintiffs-respondents, the cause was submitted on the motion of James H. Baxter III of Quarles & Brady of Milwaukee.

Before Gartzke, P.J., Dykman and Sundby, JJ.

PER CURIAM.

Appellants appealed from a final order within ninety days of entry. Respondents move to dismiss, claiming they gave timely notice of entry of the order which reduced the appeal time to forty-five days. Section 808.04(1), Stats. The issue is whether notice of entry must be given within twenty-one days of the signing of the judgment or order, or within twenty-one days of entry of the judgment or order, to reduce...

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