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MITCHELL BANK v. SCHANKE

Nos. 01-1590, 01-1591.

257 Wis.2d 723 (2002)

2002 WI App 225

652 N.W.2d 636

MITCHELL BANK, Plaintiff-Appellant, v. Thomas G. SCHANKE, Alfred G. Waltke, Marilyn M. Waltke, State of Wisconsin Department of Revenue and Internal Revenue Service, Defendants-Respondents, UNITED STATES, Defendant. Thomas G. SCHANKE, Plaintiff-Respondent, v. MITCHELL STREET STATE BANK, n/k/a Mitchell Bank, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 28, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant and defendant-appellant, the cause was submitted on the briefs of Hugh R. Braun and Jeffrey L. Janik of Godfrey, Braun & Frazier, LLP, Milwaukee.

On behalf of the defendant-respondent and plaintiff-respondent Thomas G. Schanke, the cause was submitted on the brief of Joseph J. Welcenbach of Welcenbach & Widmann, Milwaukee.

Before Brown, Anderson and Snyder, JJ.

¶ 1. SNYDER, J.

Mitchell Street State Bank, now known as Mitchell Bank, appeals from a judgment and an order dismissing its foreclosure complaint against Thomas G. Schanke, Alfred G. and Marilyn M. Waltke (the Waltkes), the state Department of Revenue and the Internal Revenue Service and from a judgment in favor of Schanke invalidating Mitchell Bank's mortgage lien on certain Genesee, Wisconsin property. Mitchell Bank...

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