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HAUER v. UNION STATE BANK OF WAUTOMA

No. 93-3033.

192 Wis.2d 576 (1995)

532 N.W.2d 456

Kathy HAUER, Plaintiff-Respondent-Cross Appellant, v. UNION STATE BANK OF WAUTOMA, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided March 15, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant cross respondent, there were briefs by David E. Leichtfuss and Joshua L. Gimbel of Michael, Best & Friedrich of Milwaukee. There were oral arguments by David E. Leichtfuss.

On behalf of the plaintiff-respondent cross appellant, there was a brief and oral arguments by Thomas E. Hughes, of Hughes, Mathewson, Carns & Slattery of Oshkosh.

Before Anderson, P.J., Brown and Snyder, JJ.

SNYDER, J.

The issues in this case arise out of a loan made by Union State Bank of Wautoma to Kathy Hauer. The Bank appeals from a judgment which (1) voided the loan on the grounds that Hauer lacked the mental capacity to enter into the loan, (2) required the Bank to return Hauer's collateral and (3) dismissed the Bank's counterclaim which sought to recover the proceeds of the loan from Hauer. Because we conclude that there is evidence in the record to support the...

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