JORGENSEN v. WATER WORKS, INC.

No. 97-1729.

218 Wis.2d 761 (1998)

582 N.W.2d 98

Duane S. JORGENSEN, and Sharon A. Jorgensen, Plaintiffs-Appellants, v. WATER WORKS, INC., James S. Barber, Doreen A. Barber, Gary W. Tesch, and Mary H. Tesch, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 23, 1998.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Stephen D. Willett of Willett & Klein, S.C. of Phillips.

On behalf of the defendant-respondent, Water Works, Inc., the cause was submitted on the brief of H. James Tuchscherer of Nash, Podvin, Tuchscherer, Huttenburg, Weymouth & Kryshak, S.C. of Wisconsin Rapids.

On behalf of the defendants-respondents, James S. Barber, Doreen A. Barber, Gary W. Tesch, and Mary H. Tesch, the cause was submitted on the brief of Gary L. Dreier of First Law Group S.C. of Stevens Point.

Before Vergeront, Roggensack and Deininger, JJ.


VERGERONT, J.

Duane and Sharon Jorgensen, shareholders in Water Works, Inc., appeal the summary judgment against them in favor of the corporation and the four other shareholders: Doreen and James Barber, and Gary and Mary Tesch. The Jorgensens contend that the trial court erred in deciding the motion for summary judgment before a receiver was appointed and they had the opportunity for discovery, and also erred in dismissing these claims: direct claim for breach of...

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