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ARTEX, S.R.L. v. BANK ONE, MILWAUKEE, NAT. ASS'N

Civ. A. No. 91-C-494.

801 F.Supp. 228 (1992)

ARTEX, S.R.L., Plaintiff, v. BANK ONE, MILWAUKEE, NATIONAL ASSOCIATION; Bank of Sturgeon Bay; and John Stuth Associates, Inc., Defendants.

United States District Court, E.D. Wisconsin.

August 27, 1992.

Attorney(s) appearing for the Case

Mark P. Kovalchuk, Kovalchuk & Cutshall, P.A., Minneapolis, Minn., and Ronald L. Petak, Edgarton, Ondrasek, St. Peter, Petak & Massey, Fond du Lac, Wis., for plaintiff.

Stephen A. Kase, Sturgeon Bay, Wis., for Bank of S.B.

Thomas G. Boyer and Russell S. Long, Milwaukee, Wis., for Bank One, Milwaukee.

Kenneth G. Calewarts of Duffy, Holman, Peterson, Wieting & Calewarts, Green Bay, Wis., for John Stuth Assoc.

DECISION AND ORDER

REYNOLDS, Senior District Judge.

On June 7, 1991, defendant Bank of Sturgeon Bay ("Sturgeon Bay") filed a motion to dismiss for failure to state a claim upon which relief can be granted. Because Sturgeon Bay filed affidavits in support of its motion, the court ordered on July 7, 1992, that it would treat the motion as a motion for summary judgment. For the reasons stated below, the court grants...

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