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SCHNEIDER FUEL v. WEST ALLIS STATE BANK

Nos. 582, 583 (1974).

70 Wis.2d 1041 (1975)

236 N. W. 2d 266

SCHNEIDER FUEL & SUPPLY COMPANY, Respondent, v. WEST ALLIS STATE BANK, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kluwin, Dunphy, Hankin & McNulty of Milwaukee, and oral argument by Ward Dunphy.

For the respondent there was a brief by Lichtsinn, Dede, Haensel & von Bereghy, S. C. and Godfrey & Trump, attorneys, and Hugh R. Braun of counsel, all of Milwaukee, and oral argument by Mr. Braun.

Briefs amicus curiae were filed by Bruce Gillman and Tomlinson, Gillman & Travers, S. C. of Madison on behalf of The Surety Association of America, and by Boardman, Suhr, Curry & Field of Madison on behalf of the Wisconsin Bankers Association.

ROBERT W. HANSEN, J.

The defendant-appellant bank raises five issues in its brief on appeal, and with these five issues this opinion will separately deal.

1. Whether plaintiff was a "claimant" under sec. 289.16, Stats. 1967, which states:

"289.16 Theft by contractors. All moneys, bonds or warrants paid or to become due, to any prime contractor or subcontractor for public improvements are a trust fund in his hands; and the use of...

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