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DORMAN v. MORRIS

No. 92-2727.

185 Wis.2d 845 (1994)

519 N.W.2d 685

James L. DORMAN, Donald R. Wagner and H. Frank Boock, Plaintiffs-Respondents, v. Gerald MORRIS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Gregory J. Cook of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the briefs of James L. Dorman, Donald R. Wagner, H. Frank Boock and Patrick B. Howell of Frisch Dudek, Ltd. of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Gerald Morris appeals from a grant of summary judgment to the plaintiffs, who were secured creditors who brought a separate, independent action for money damages against Morris while holding collateral pledged by Morris. We conclude that a secured creditor can retain a debtor's collateral while seeking an independent action for a money judgment. We affirm.

The following facts are undisputed. In March...

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