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HMO-W INC. v. SSM HEALTH CARE SYSTEM

No. 98-2834.

228 Wis.2d 815 (1999)

598 N.W.2d 577

HMO-W INCORPORATED, a Wisconsin corporation, Plaintiff-Respondent, v. SSM HEALTH CARE SYSTEM, a foreign corporation, Defendant-Appellant, NEILLSVILLE CLINIC, S.C., a Wisconsin corporation, Defendant.

Court of Appeals of Wisconsin.

Decided June 17, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Peter B. Ritz of Ritz & Caflisch, S.C., and Earl H. Munson and Jeffrey J. Kassel of LaFollette Sinykin, LLP of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas M. Pyper and Theresa M. Hottenroth of Whyte Hirschboeck Dudek, S. C., of Madison, and Elizabeth Bartlett of Blue Cross & Blue Shield United of Wisconsin of Milwaukee.

Before Dykman, P.J., Eich and Deininger, JJ.

DYKMAN, P.J.

SSM Health Care System (SSM), a minority shareholder of HMO-W Incorporated (HMO-W), appeals from a judgment in which the circuit court applied a minority discount when it appraised the fair value of SSM's shares of HMO-W stock prior to HMO-W's merger with United Wisconsin Services (UWS). The primary issue is whether a circuit court may apply a minority discount when appraising the "fair value" of a dissenter's shares under § 180.1330, STATS. We conclude...

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