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ZEMAITIS v. BURLINGTON MILLS, INC.

Nos. 276, 277.

56 Wis.2d 449 (1972)

202 N.W.2d 244

ZEMAITIS, for himself and on behalf of all others similarly situated, Respondent, v. BURLINGTON MILLS, INC., and others, Appellants. BEGUHL, and others, on behalf of themselves and all others similarly situated, Respondents, v. BURLINGTON MILLS, INC., and others, Appellants.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S.C., attorneys, and Victor M. Harding and Anthony W. Asmuth III of counsel, all of Milwaukee, and oral argument by Victor M. Harding.

For the respondent there was a brief by Davis, Kuelthau, Vergeront, Stover & Leichtfuss, S.C., attorneys, and John G. Vergeront and John P. Savage of counsel, all of Milwaukee, and oral argument by Mr. Savage.

HANLEY, J.

Three issues are raised on this appeal:

(1) Was it error for the trial court to find that the plan terminated and the plaintiffs' right to share in the distribution of the trust, vested upon the company's last contribution to the trust on January 19, 1966?

(2) Was it error for the trial court to find that the plaintiffs had not established actual bad faith or self-dealing in connection with the...

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