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STATE OF WIS. v. BAR COAT BLACKTOP, INC.

No. 84-C-884-C.

640 F.Supp. 407 (1986)

STATE OF WISCONSIN, (DEPARTMENT OF REVENUE) Plaintiff, v. BAR COAT BLACKTOP, INC., Defendant, and CITY OF SCHOFIELD, Garnishee, v. UNITED STATES of America and Real Estate Management, Inc., Intervenors.

United States District Court, W.D. Wisconsin.

April 9, 1986.

Attorney(s) appearing for the Case

James D. Harnett, Madison, Wis., for plaintiff.

Arthur L. Eberlein, Wausau, Wis., for Real Estate Mgt. Inc.

Beth A. Sabbath, Tax Division, U.S. Dept. of Justice, Washington, D.C., for U.S.

Raymond Thums, Schofield, Wis., for City of Schofield.

John Kelley, Wausau, Wis., for Bar Coat Blacktop.

ORDER

CRABB, Chief Judge.

In cross motions for summary judgment, the State of Wisconsin and the United States Internal Revenue Service ask the court to determine which of the parties has priority of interest in certain funds seized by the Wisconsin Department of Revenue in a state court garnishment proceeding.

A brief procedural history of the dispute is as follows: On September 13, 1983, the Wisconsin Department of Revenue filed a garnishment action...

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