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M&I MARSHALL & ILSLEY BANK v. URQUHART

No. 2004AP2743.

287 Wis.2d 623 (2005)

2005 WI App 225

706 N.W.2d 335

M&I MARSHALL & ILSLEY BANK, Plaintiff-Respondent, v. URQUHART COMPANIES, Glen G. Urquhart, Colleen Urquhart, HMU Incorporated, HMU Management Corporation, Birch Hill Health Care Center, Inc., Evergreen Health Care Center, Inc., and Ellsworth Health Care Center, Inc., Defendants, Michael S. POLSKY and Receiver, Defendants-Respondents, REINHART FOODSERVICE, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 15, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Samuel C. Wisotzkey of Kohner, Mann & Kailas, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of David I. Cisar of Von Briesen & Roper, S.C., Milwaukee.

Before Vergeront, Deininger and Higginbotham, JJ.

¶ 1. DEININGER, J.

Reinhart Foodservice, Inc., a supplier of food to three nursing homes being operated by a receiver, appeals an order that denied its motion to intervene in the receivership proceeding and its petition for leave to sue the receiver. Reinhart claims that the circuit court erred by denying both of its requests, thereby depriving it of any opportunity to pursue its claim for payment for goods it provided...

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