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WIS.DAIRIES COOP. v. CITIZENS BANK

No. 89-1771.

160 Wis.2d 758 (1991)

467 N.W.2d 124

WISCONSIN DAIRIES COOPERATIVE, Plaintiff, v. CITIZENS BANK & TRUST, a Wisconsin banking corporation, Michael E. Boncher, President, Defendant-Appellant, MARATHON MASONRY, INC., Ronald Wadzinski, Commercial Roofing, Inc., Wayne Herzog, Wausau Tile, Inc., Edward Creske, County Concrete, Corp., Merlin Sonnentag, Hanz Contractors, Inc., Lawrence Hanz, Jr., Wausau Buildings, Robert Schedler and Holster Construction, Inc., Robert Holster, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided April 3, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in the court of appeals) by Thomas F. Mallery and Mallery & Zimmerman, Wausau.

For the defendants-respondents, Marathon Masonry, Inc. and Wausau Tile, Inc. there was a brief (in the court of appeals) by Kevin P. Crooks and Crooks, Low & Connell, S.C., Wausau.

Amicus curiae brief was filed by John E. Knight, James E. Bartzen and Boardman, Suhr, Curry & Field, Madison for Wisconsin Bankers Association.

WILLIAM A. BABLITCH, J.

This case is before the court on certification from the court of appeals. Citizens Bank & Trust (Bank) appeals the circuit court's grant of summary judgment in favor of the respondents, the subcontractors. The subcontractors and the Bank, as creditors of the insolvent prime contractor Holster Construction, Inc. (Holster), each claim money that Wisconsin Dairies Cooperative (Wisconsin Dairies) owed to Holster and deposited with the Marathon...

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