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KRUEGER v. RODENBERG

No. 93-2677.

190 Wis.2d 367 (1994)

527 N.W.2d 381

Lorraine KRUEGER, Personal Representative of the Estate of Janice Rodenberg, Plaintiff-Respondent-Cross Appellant, v. Merlin J. RODENBERG, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided December 22, 1994.

Attorney(s) appearing for the Case

For the plaintiff-respondent-cross appellant the cause was submitted on the briefs of Darrel A. Talcott of West Salem.

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Barbara S. Hughes of Stolper, Koritzinsky, Brewster & Neider, S.C. of Madison and Zel S. Rice II of Rice & Abbott of Sparta.

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

EICH, C.J.

Lorraine Krueger, personal representative of the estate of Janice Rodenberg, brought this action to declare certain real estate titled in the name of Janice's surviving husband, Merlin, to be marital property or, in the alternative, to impose a constructive trust on the real estate or the proceeds therefrom in favor of the estate. The trial court ruled that the real estate was not marital property but, on the basis of the "equities" of the case, imposed...

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