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STATE v. EXCEL MANAGEMENT SERVICES

No. 81-911.

111 Wis.2d 479 (1983)

331 N.W.2d 312

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. EXCEL MANAGEMENT SERVICES, INC., a Wisconsin corporation, Viking Insulation & Waterproofing Corp., a/k/a Viking Corp., and Viking Pools, as Wisconsin domestic corporations, John Picciano, Bob Malec and Robert Kirschman, individually and as officers of Viking and/or Excel Corporations, and Keith Jim Kalland and Mike Rosenthal, individually and as employees of agents of said corporations, Defendants, FIRST SAVINGS, a Wisconsin savings and loan association, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 29, 1983.

Attorney(s) appearing for the Case

For the plaintiff-petitioner the cause was argued by Bruce A. Craig, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant-respondent there was a brief by Anthony J. Caronna and Davis, Kuelthau, Vergeront, Stover, Werner & Goodland, S.C., attorneys, and Steven M. Epstein of Levine & Epstein, of counsel, all of Milwaukee, and oral argument by Mr. Epstein.

Reversing and remanding 106 Wis.2d 776, 319 N.W.2d 179 (Ct.App.).

DAY, J.

This is a review of an unpublished decision of the court of appeals filed February 23, 1982, which affirmed an order of the circuit court for Waukesha county, John P. Buckley, Judge, granting First Savings' motion to dismiss for failure to state a claim upon which relief could be granted.

The issue to be considered on review is: Do sections 100.18 (11) (d) and 100.20 (6), Stats...

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