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BERG v. MARINE TRUST CO.

No. 86-2100.

141 Wis.2d 878 (1987)

416 N.W.2d 643

Vernon R. BERG, Sr., Plaintiff-Appellant, v. The MARINE TRUST COMPANY, N.A., Berg Engineering, Inc., Berg Hydro-Man, Inc., Simplex, Inc., Farmway Co., Inc., Wilber Equipment Corporation, Berg & Berg, Inc., Berg Equipment Company, Berg Industries, Inc., Richard G. Hugo and Vernon R. Berg, Jr., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 8, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Earl H. Munson and Janet L. Kelly and La Follette & Sinykin of Madison, and John E. Shannon, Jr. and Anderson, Shannon, O'Brien, Rice & Bertz, of Stevens Point, and oral argument by Janet L. Kelly.

For the defendants-respondents there was a brief by Francis J. Podvin and Richard D. Weymouth, and Nash, Podvin, Detlefsen, Tuchscherer & Weymouth, S.C., of Wisconsin Rapids, and oral argument by Francis J. Podvin.

Before Gartzke, P.J., Eich and Sundby, JJ.

EICH, J.

We granted Vernon Berg, Sr., leave to appeal from an order denying his motion to disqualify the law firm retained by the respondents Berg Industries, Inc., and Farmway Co., Inc. The issue is whether the trial court abused its discretion in declining to disqualify the firm. We conclude that there was an abuse of discretion and reverse.

Berg commenced this shareholder's derivative action in January, 1986, naming Berg Industries, Farmway, and several...

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