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CAPITAL INVESTMENTS v. WHITEHALL PACKING CO.

No. 76-683.

91 Wis.2d 178 (1979)

280 N.W.2d 254

CAPITAL INVESTMENTS, INC., Plaintiff-Respondent, v. WHITEHALL PACKING COMPANY, INC., and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bradley D. Armstrong, John Walsh and Brynelson, Herrick, Gehl & Bucaida, of Madison, and oral argument by Mr. Walsh.

For the respondent there was a brief by LaVern G. Kostner and Kostner, Ward, Galstad & Koslo, of Arcadia, and oral argument by LaVern G. Kostner.

COFFEY, J.

The plaintiff-respondent, Capital Investments, Inc., a capital risk lender (hereinafter Capital) commenced this action against Whitehall Packing Company, Inc., and its shareholders (hereinafter collectively referred to as Whitehall) seeking the specific performance of certain provisions of a financing agreement executed December 28, 1972. Capital alleged that in June, 1976 Whitehall breached the provisions of their contract by refusing to elect to its Board...

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