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SUBURBAN MOTORS OF GRAFTON v. FORESTER

No. 85-1918.

134 Wis.2d 183 (1986)

396 N.W.2d 351

SUBURBAN MOTORS OF GRAFTON, INC., a Wisconsin corporation, Plaintiff and Cross-Appellant, v. Gordon B. FORESTER, as Personal Representative of the Estate of John G. Lange, Deceased, Defendant-Appellant and Cross-Respondent, Allen KNEPFEL, an individual, Interpleaded Defendant-Respondent, Wayne HOUPT, an individual, Interpleaded Defendant and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided September 17, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent, the cause was submitted on the briefs of James H. Morgan of Morgan Law Office, of Cedarburg.

For the interpleaded defendant-respondent Allen Knepfel and the plaintiff and cross-appellant Suburban Motors of Grafton, Inc. and the interpleaded defendant and cross-appellant Wayne Houpt, the cause was submitted on the briefs of F.M. Van Hecke of Van Hecke & Mank, S.C. of Milwaukee.

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

NETTESHEIM, J.

The estate of John G. Lange appeals from an order and judgment of the circuit court which imposed a constructive trust upon certain real estate owned by Lange's estate.

The order was premised upon the trial court's conclusion that Lange, as a member of the board of directors of Suburban Motors of Grafton, Inc. (Suburban), had breached his fiduciary duty to Suburban by failing to exercise a corporate opportunity; namely, Lange failed to exercise...

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