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MCDONALD v. MCDONALD

Nos. 432, 433.

68 Wis.2d 292 (1975)

228 N. W. 2d 727

MCDONALD (Chester R.), a partner, under the firm name and style of McDonald Investment Company, Respondent, v. MCDONALD (Ronald C.), and others, partners under the firm name and style of McDonald Investment Company, and Ronald C. McDonald, Executor of the Estate of Chester S. and Margaret E. McDonald, Defendants and Respondents: BLESER and another, partners under the firm name of McDonald Investment Company, Appellants. MCDONALD (Chester R.), Respondent, v. MCDONALD LUMBER COMPANY, INC., and others, Defendants: BLESER and another, Appellants.

Supreme Court of Wisconsin.

Decided May 6, 1975.

Attorney(s) appearing for the Case

For the appellants there was a brief by Habush, Gillick, Habush, Davis & Murphy, attorneys, and Howard A. Davis of counsel, all of Milwaukee, and oral argument by Howard A. Davis.

For the plaintiff-respondent there was a brief by Kaftan, Kaftan, Kaftan, Kuehne & Van Egeren, S. C. of Green Bay.

For the defendants-respondents there was a brief by Bittner, Petitjean & Hinkfuss of Green Bay, and oral argument by Robert L. Bittner.

DAY, J.

The question here is, does the record support the finding of the trial court that the statutory1 provision for payment to a deceased partner's estate of interest or profits on ownership share during the wind-up period is not applicable in this case? We conclude the record does not support such a finding.

This case has previously been before this court on other issues. McDonald v. McDonald (1972),

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