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DIAMOND v. RUSZKIEWICZ

No. 96-1798.

212 Wis.2d 143 (1997)

567 N.W.2d 649

Robert H. DIAMOND, Sr., Patrick J. Hudec and Historic Dining, Inc., Plaintiffs-Appellants, v. Barbara RUSZKIEWICZ and Fabian S. Ruszkiewicz, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 18, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gabrielle Boehm of Hudec Law Offices, S.C. of East Troy.

On behalf of the defendants-respondents, the cause was submitted on the brief of Anne E. Fellows of Olm & Associates of Whitewater.

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

SNYDER, P.J.

Robert H. Diamond, Sr., Patrick J. Hudec and Historic Dining, Inc., appeal from a judgment dismissing their contribution claim against Barbara Ruszkiewicz and Fabian S. Ruszkiewicz. We conclude that the contribution claim is premature because neither Diamond, Hudec nor Historic Dining has paid anything on the underlying obligation. Accordingly, we affirm.

On December 1, 1993, the parties to this appeal signed a business note in the amount of ...

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