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TEXTRON FINANCIAL CORP. v. FIRSTAR BANK

No.97-1938.

217 Wis.2d 582 (1998)

579 N.W.2d 48

TEXTRON FINANCIAL CORPORATION, Plaintiff-Respondent, v. FIRSTAR BANK WISCONSIN, f/k/a Firstar Bank Eau Claire, N.A., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 24, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey W. Guettinger of Danielson, Guettinger, Richie, Manydeeds & Weinke, S.C., Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Penny G. Gentges and Arthur M. Moglowsky of Bass & Maglowsky, S.C., Milwaukee.

Before Cane, P.J., Myse and Hoover, JJ.

MYSE, J.

Firstar Bank Wisconsin appeals a summary judgment concluding that the bank wrongly converted proceeds of collateral subject to Textron Financial Corporation's purchase money security interest (PMSI). Firstar contends that there was insufficient proof to demonstrate Textron had a PMSI in the proceeds; that Textron failed to properly identify the proceeds in the bank account because they were commingled with other cash; and that because its taking of the proceeds...

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