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GOLDSTEIN v. LINDNER

No. 01-2068.

254 Wis.2d 673 (2002)

2002 WI App 122

648 N.W.2d 892

Myron A. GOLDSTEIN and Park Family Limited Partnership, Plaintiffs-Appellants, v. James R. LINDNER, Joan C. Lindner, David A. Norrbom, Kathleen M. Norrbom, Robert J. Lindner, Debra J. Lindner, Lindner Minerals Limited Partnership, Raymond Hoffman, Maymie Hoffman, John C. Bojarski, Northwoods Minerals Limited Partnership, Wilderness Minerals Limited Partnership, Mineral Heights Limited Partnership, Forest Minerals Limited Partnership, Woodland Minerals Limited Partnership, Christine M. Flamme, Julianne Koll, Clara D. Michailoff, Joyce D. Nemec, Antonette Ehrenberg and Nicolet Minerals Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 9, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Francis R. Croak, Michael J. Lund and Steven L. Nelson of Cooke & Franke S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of William Schroeder of Sommer, Olk, Schroeder & Payant, Rhinelander and James L. Huston and Kelli Taffora of Foley & Lardner, Milwaukee.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

Myron Goldstein and the Park Family Limited Partnership (Goldstein) appeal a summary judgment dismissing their complaint seeking declaratory relief with respect to their interest in mineral rights. Because we agree with the circuit court that there are no genuine issues of material fact, we affirm the judgment.

BACKGROUND

¶ 2. This case involves a forty-acre parcel of land in the Town of Nashville. On February 1, 1975...

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