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FORE WAY EXPRESS, INC. v. BAST

No. 92-3116.

178 Wis.2d 693 (1993)

FORE WAY EXPRESS, INC., Plaintiff-Counterclaim-Defendant-Appellant, v. Gordon BAST, Jr., James Godeck, William J. Hill, Gary Kaye, Betty Levandoski, Nunzio J. Maniaci, William A. Peters, Anton F. Przybylski, Ken Scheuer, Leroy Sobieszczyk and Robert Van Handel, Defendants-Counter Claimants-Respondents, v. David J. NARLOCH, Robert P. Brown, Stephen P. Steffke, Allen D. Betz, Joel D. Breitzman, and Fore Way Services, Inc., f/k/a Regency Enterprises, Ltd., a Wisconsin corporation, Additional-Counterclaim-Defendants-Appellants, Howard REINHART, Additional-Counterclaim-Defendant.

Court of Appeals of Wisconsin.

Decided August 3, 1993.

Attorney(s) appearing for the Case

For the plaintiff-counterclaim-defendant-appellant, and the additional-counterclaim-defendants-appellants, the cause was submitted on the briefs of Steven M. Anderson, and orally argued by Arnold Kiburz of Ruder, Ware, Michler & Forester of Wausau, and orally argued by David Loeffler of Greenfield.

For the defendants-counterclaimants-respondents, the cause was submitted on the brief of Thomas L. Skalmoski of Weiss, Berzowski, Brady & Donahue of Milwaukee and Gregory A. Grobe of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay and orally argued by Thomas L. Skalmoski.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Fore Way Express, Inc., and several of its officers (collectively, Fore Way) appeal a summary judgment declaring that the Fore Way Express Profit Sharing Plan (the Plan) is a security required to be registered under sec. 551.21, Stats., and awarding the respondents $138,873.46 in damages and prejudgment interest and $180,553.82 in costs and attorney fees. Fore Way contends that the trial court erred by refusing to grant summary judgment in its favor because...

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