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HAMMES v. FIRST NAT'L BANK & TRUST CO.

No. 75-481.

79 Wis.2d 355 (1977)

255 N.W.2d 555

HAMMES, and others, Appellants, v. FIRST NATIONAL BANK & TRUST COMPANY OF RACINE, and another, Respondents.

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the appellants there was a brief by Foley & Capwell, S. C. and oral argument by John T. Bode and Rex Capwell, all of Racine.

For the respondents there was a joint brief by Hand & Quinn of Racine; L. William Staudenmaier and Cook & Franke, S. C. of Milwaukee; and Glenn R. Coates, Robert H. Bichler and Thompson & Coates, Ltd. of Racine, and oral argument by L. William Staudenmaier of Milwaukee, and Robert H. Bichler of Racine.

DAY, J.

This is an appeal from a judgment and an amended judgment entered for the defendants-respondents July 17, 1975 and October 1, 1975 respectively. The latter judgment supercedes the former. Plaintiffs-appellants commenced the action in March 1970. The judgments appealed from were made upon the granting of defendants' September 11, 1973 motion for summary judgment.

The action alleges breach of fiduciary duty and negligence by the defendants in their capacity...

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