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PARK BANK v. WESTBURG

No. 2010AP3158.

832 N.W.2d 539 (2013)

2013 WI 57

PARK BANK, Plaintiff-Respondent, v. Roger E. WESTBURG and Sandra L. Westburg, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided July 3, 2013.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners, there were briefs by Mark Sostarich , Elkhorn, and oral argument by Mr. Sostarich.

For the plaintiff-respondent, there was a brief by Michael T. Hopkins , and Hopkins McCarthy LLC, Milwaukee, and oral argument by Mr. Hopkins.

An amicus curiae brief was filed by John E. Knight and Kirsten E. Spira , and Boardman and Clark, LLP, Madison, on behalf of the Wisconsin Bankers Association. Oral argument by Mr. Knight.

ANN WALSH BRADLEY, J.

¶ 1 The petitioners, Roger E. Westburg and Sandra L. Westburg (collectively, the Westburgs), seek review of an unpublished decision of the court of appeals affirming the circuit court's grant of summary judgment to Park Bank.1 Park Bank commenced an action against the Westburgs seeking payment under two guaranty contracts and the Westburgs alleged several counterclaims and affirmative defenses in response.

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