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A.B.C.G. ENTERPRISES v. FIRST BANK SOUTHEAST

No. 92-2428.

184 Wis.2d 465 (1994)

515 N.W.2d 904

A.B.C.G. ENTERPRISES, INC., Charles Injasoulian and Mary Ann Injasoulian, Plaintiffs-Appellants-Petitioners, v. FIRST BANK SOUTHEAST, N.A., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 7, 1994.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Terrance L. Kallenbach and Capwell and Berthelsen, Racine and oral argument by Terrance L. Kallenbach.

For the defendant-respondent there was a brief by Robert E. Hankel and Paulson, Hankel, Bruner & Nichols, S.C., Racine and oral argument by John V. O'Connor, of counsel.

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

WILLIAM A. BABLITCH, J.

A.B.C.G. Enterprises, Inc., Charles Injasoulian and Mary Ann Injasoulian (collectively ABCG) seek review of a court of appeals' decision holding that ABCG is barred under the doctrine of res judicata from bringing this action against First Bank Southeast, N.A. (First Bank). The court of appeals concluded that ABCG was required to counterclaim in a prior foreclosure action instituted by First Bank in order to preserve its claims. ABCG argues...

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