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READ v. READ

No. 95-2453.

205 Wis.2d 558 (1996)

556 N.W.2d 768

Brian READ, Plaintiff-Appellant, v. Donald READ, Robert Read, Dome Corporation and Hayes Corporation, Defendants-Respondents, Tom TUTTLE, Personal Representative for the Estate of Kenneth Read, John Does 1-10 and John Does 11-20, Defendants, DOME CORPORATION and Hayes Corporation, Third Party Plaintiffs, v. Charles S. READ and Readwood, Incorporated, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided October 22, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Christopher T. Hale and K. Scott Wagner of Hale & Lein, S.C., of Milwaukee.

For the defendants-respondents Donald Read and Robert Read the cause was submitted on the joint briefs of Michael R. Wherry of Davis & Kuelthau, S.C., of Milwaukee, for defendant-respondent Donald Read, and David P. Lowe of Jacquart & Lowe, S.C., of Milwaukee, for defendant-respondent Robert Read.

Before Wedemeyer, P.J., Fine and Curley, JJ.

CURLEY, J.

This is an appeal from a final order incorporating several earlier decisions of the trial court that dismissed two claims, a derivative action claim, and a direct action claim, brought against the controlling shareholders and directors of the Hayes Corporation and the Dome Corporation, as well as the corporations themselves. As to the derivative claim, the trial court concluded that the plaintiff, Brian Read, was motivated by personal gain and, thus, was...

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