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KRAWCZYK v. BANK OF SUN PRAIRIE

No. 92-0812.

174 Wis.2d 1 (1993)

496 N.W.2d 218

Edmund J. KRAWCZYK, Special Trustee of Wanderer's Rest Interment Society Perpetual Care Fund, Plaintiff, v. BANK OF SUN PRAIRIE, William J. Livingston, and Virginia Surety Co., Inc., Defendants-Third-Party Plaintiffs-Appellants, v. J. David KREKELER, Collins, Beatty & Krekeler, S.C., Francis B. Baratto, and A.G. Edwards & Sons, Inc., Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 21, 1993.

Attorney(s) appearing for the Case

For the defendants and third-party plaintiffs-appellants the cause was submitted on the briefs of James R. Cole and Mark S. Zimmer of Stroud, Stroud, Willink, Thompson & Howard joined by Bruce Gillman of Tomlinson, Gillin & Rikkers, S.C. and David J. Harth of Foley & Lardner of Madison.

For the third-party defendants-respondents the cause was submitted on the brief of John W. Markson and Mary L. McDaniel of Bell, Metzner, Gierhart & Moore, S.C. of Madison.

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

EICH, C.J.

The Bank of Sun Prairie and one of its officers, William Livingston,1 appeal from a judgment dismissing their third-party complaint against Attorney J. David Krekeler and his law firm, Collins, Beatty & Krekeler, S.C. (collectively "Krekeler"), for failure to state a claim upon which relief may be granted.

Attorney Krekeler, representing the purchaser of a cemetery, requested...

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