NATIONAL OPERATING v. MUTUAL LIFE INS. CO.

No. 99-1119.

244 Wis.2d 839 (2001)

2001 WI 87

630 N.W.2d 116

NATIONAL OPERATING, L.P., Plaintiff-Appellant-Petitioner, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, and Bridgeview Plaza Partnership, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 3, 2001.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Mark F. Foley, G. Michael Halfenger, David W. Simon, Rebecca E.W. Wegner and Foley & Lardner, Milwaukee, and oral argument by Mark F. Foley.

For the defendant-respondent, Mutual Life Insurance Company of New York, there was a brief by Thomas M. Olejniczak, Robert M. Charles, Paula J. Lynch and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, and oral argument by Thomas M. Olejniczak.

For the defendant-respondent, Bridgeview Plaza Partnership, there was a brief by Maureen L. Kinney and Johns, Flaherty & Rice, La Crosse.


¶ 1. DAVID T. PROSSER, J.

This is a review of an unpublished decision of the court of appeals,1 affirming an order of the La Crosse County Circuit Court, Ramona A. Gonzalez, Judge. The case addresses the rights of a debtor in default under Article 9 (Secured Transactions) of the Uniform Commercial Code, both before and after a declaratory judgment obtained by the secured party to declare its rights in relation to the debtor.

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