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MASON SHOE MFG. CO. v. FIRSTAR BANK EAU CLAIRE

No. 97-2053.

217 Wis.2d 715 (1998)

579 N.W.2d 789

MASON SHOE MANUFACTURING COMPANY, Plaintiff-Respondent, v. FIRSTAR BANK EAU CLAIRE, NA, as Trustee of the Victor T. Mason Revocable Trust Dated October 1, 1993, and Bernice Mason, Defendants-Co-Appellants, Richard MASON and Thomas Mason, Defendants-Appellants. Bernice M. MASON, Plaintiff, Thomas J. MASON and Richard P. Mason, Plaintiffs-Appellants, v. John A. LUBS, Jane M. Lubs, William M. Scobie, Rosemary M. Scobie, Robert J. Allen, Paul B. Mason, Jr., David E. Frasch and Mason Shoe Manufacturing Company, Defendants-Respondents. FIRSTAR BANK EAU CLAIRE, NA, Estate of Victor T. Mason and Mason Revocable Grantor Trust, Plaintiffs-Appellants, v. MASON SHOE MANUFACTURING COMPANY, John A. Lubs, Jane M. Lubs, William M. Scobie, Rosemary M. Scobie, Paul B. Mason, Jr. and David E. Frasch, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 13, 1998.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Edward S. Marion and Richard W. Pitzner of Murphy & Desmond, S.C. of Madison.

On behalf of the defendant-co-appellant Firstar Bank, the cause was submitted on the briefs of C. Vernon Howard, Jr. and James F. Gebhart of Stroud, Stroud, Willink, Thompson & Howard of Madison.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Alan I. Silver and Karen D. Olson of Doherty, Rumble & Butler, P.A. of Minneapolis; Eric J. Magnuson, Richard J. Nygaard and William P. Wassweiler of Rider, Bennett, Egan & Arundel, LLP of Minneapolis; and Steven R. Cray of Wiley, Wahl, Colbert, Norseng, Cray & Herrell, S.C. of Chippewa Falls.

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

HOOVER, J.

Bernice, Thomas and Richard Mason, and Firstar Bank Eau Claire, N.A., personal representative of Victor Mason's estate, appeal a summary judgment dismissing their claims against the Mason Shoe Manufacturing Company and John Lubs, Jane Lubs, William Scobie, Rosemary Scobie, Robert Allen, Paul Mason, Jr., and David Frasch, the company's officers and directors. The appellants contend that the issuance of 4,000 shares of Class A common stock was not authorized...

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