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KRAWCYZK v. BANK OF SUN PRAIRIE

No. 90-0444.

161 Wis.2d 792 (1991)

468 N.W.2d 773

Edmund J. KRAWCYZK, Special Trustee of the Wanderer's Rest Interment Society, Perpetual Care Trust Fund, Plaintiffs-Appellants, v. BANK OF SUN PRAIRIE, William J. Livingston, and Virginia Surety Co., Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 21, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Frederick E. Reidenbach and Jesse A. Wesolowski of Raasch, Fleming & Reidenbach, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of James R. Cole and Mark S. Zimmer of Stroud, Stroud, Willink, Thompson & Howard of Madison.

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

EICH, C.J.

Edmund Krawcyzk, a special trustee appointed to recover funds misappropriated from a cemetery perpetual care trust fund, appeals from a summary judgment dismissing his action against the Bank of Sun Prairie, William Livingston, the bank's trust officer, and Virginia Surety Co., Livingston's insurer. For ease of exposition, we will refer to the defendants collectively as "the bank."

Krawcyzk had sued the...

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