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KISER v. JUNGBACKER

No. 2007AP853.

754 N.W.2d 180 (2008)

2008 WI App 88

James KISER, Gloria A. Kiser, Terry Kiser, Ronald M. Phillips, OEC Graphics Profit Sharing, Savings, and Investment Plan & Trust c/o Jack Schloesser, John J. Keller, Edith D. Keller, J.J. Keller & Associates Profit Sharing Plan, Donald Jorgenson, Donald Jorgenson, IRA, Beatrice Jorgenson and Beatrice Jorgenson, IRA, Plaintiffs-Respondents, v. J. Peter JUNGBACKER, Wayne C. Chaney, Century Capitol Group, Century Capital Group, Ltd., Capital Management Group, Inc. and CCG Development, Ltd., Defendants-Appellants, Century Income Properties Fund I Limited Partnership, Nominal Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 7, 2008.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Ralph A. Weber, and David J. Turek, of Gass Weber Mullins LLC. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Charles J. Hertel and Daniel J. Posanski, of Dempsey, Williamson, Kelly & Hertel, LLP. of Oshkosh.

Before BROWN, C.J., SNYDER and NEUBAUER, JJ.

¶ 1 NEUBAUER, J.

The appeal in this class action springs from the award of attorney fees and costs in the settlement liquidating a commercial real estate investment limited partnership. The general partner and its general partners and affiliated entities appeal from the order approving the class action settlement and awarding attorney fees and costs, specifically challenging only the fees and costs. We conclude that the appellants do not have standing to appeal...

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