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MULDER v. MITTELSTADT

No. 83-1635.

120 Wis.2d 103 (1984)

352 N.W.2d 223

Gerard W. MULDER, Plaintiff-Respondent, v. Norbert F. MITTELSTADT, William Mittelstadt, Mary C. Mittelstadt, and Plymouth Die-Mold, Inc., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 20, 1984.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the briefs of Mike P. Fortune of Colwin, Fortune, Colwin & Pomeroy, S.C. of Fond du Lac.

For the plaintiff-respondent, the cause was submitted on the brief of James E. Welker and Paul M. Ryan of Brennan, Steil, Ryan, Basting & MacDougall, S.C. of Janesville.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This is an appeal from a stockholder's derivative action. The trial court held that Norbert Mittelstadt had breached his fiduciary duty as a director of Plymouth Die-Mold, Inc. causing direct injury to the corporation. The appellants, the Mittelstadts and Plymouth-Die Mold, Inc., assert that the trial court erred in ordering certain monetary assessments against Norbert Mittelstadt as a result of this breach. We agree with the trial court's decision and...

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