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AG SERVICES OF AMERICA, INC. v. KREJCHIK

No. 00-3430.

250 Wis.2d 340 (2001)

2002 WI App 6

640 N.W.2d 125

AG SERVICES OF AMERICA, INC., an Iowa corporation, and Ag Acceptance Corporation, a Delaware corporation, Plaintiffs-Appellants, v. Roger C. KREJCHIK and Maxine Krejchik d/b/a Rolling Meadows Farm, Defendants-Respondents, FIRSTAR BANK — PORTAGE, Garnishee-Defendant-Respondent, Joseph D. KREJCHIK, Karen Krejchik and Matthew J. Krejchik, Garnishees-Defendants.

Court of Appeals of Wisconsin.

Decided December 28, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Charles F. Church of Smiley Law Office, Portage.

On behalf of the defendant-respondent Firstar Bank, the cause was submitted on the brief of James D. Peterson of LaFollette, Godrey & Kahn, Madison.

On behalf of the defendants-respondents Roger C. Krejchik and Maxine Krejchik d/b/a Rolling Meadows Farm, the cause was submitted on the brief of Roger C. Krejchik.

Before Vergeront, P.J., Deininger and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

Ag Services of America, Inc. and Ag Acceptance Corporation (collectively Ag Services) appeal an order dismissing a claim against Firstar Bank. Ag Services served a "Garnishment Summons and Complaint" on Firstar Bank seeking to garnish the assets of Roger C. Krejchik and Maxine Krejchik. Firstar Bank responded that it did not have control or possession of property belonging to Roger or Maxine Krejchik and, therefore, it did not freeze any accounts...

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