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REGET v. PAIGE

No. 99-0838.

242 Wis.2d 278 (2001)

2001 WI App 73

626 N.W.2d 302

Henry C. REGET, Plaintiff-Appellant, v. Norma Zelazo PAIGE, Samuel Paige, individually and as Trustee under the Maya Zelazo 1981 Trust, the Daniel Zelazo 1981 Trust, and the Nathaniel Zelazo Grandchildren's Trust, Holly Russek, Michael Russek, individually and as Custodian for Evan Russek under the Wisconsin Uniform Gifts to Minors Act, Annette Zelazo Middleton, f/k/a Annette Zelazo, individually and as Trustee for the Ronald Zelazo 1984 Trust, Nathaniel K. Zelazo, individually and as Trustee with his successors in trust of the Helene Zelazo and Nathaniel K. Zelazo 1992 Revocable Trusts dated February 12, 1992 as amended from time to time, Ronald Zelazo, individually and as Custodian for Daniel Zelazo and Maya Zelazo under the Wisconsin Uniform Gifts to Minors Act and as Trustee for the Daniel Zelazo, David E. Zelazo and Maya Zelazo 1991 Trusts dated December 18, 1991, Ziona Zelazo, individually and as Custodian for Daniel Lev-Arie Zelazo under the Wisconsin Uniform Gifts to Minors Act and Astronautics Corporation of America, a Wisconsin corporation, Defendants-Respondents. Henry C. REGET, Plaintiff-Appellant, v. Annette Zelazo MIDDLETON, f/k/a Annette Zelazo, individually and as Trustee for the Ronald Zelazo 1984 Trust, Ronald Zelazo, individually and as Custodian for Daniel Zelazo and Maya Zelazo under the Wisconsin Uniform Gifts to Minors Act and as Trustee for the Daniel Zelazo, David E. Zelazo and Maya Zelazo 1991 Trusts dated December 18, 1991 and Ziona Zelazo, individually and as Custodian for Daniel Lev-Arie Zelazo under the Wisconsin Uniform Gifts to Minors Act, James A. Lovell, Jr., Hans Mark and William L. Staples, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 8, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James T. Martin and John E. Varpness of Gislason, Martin & Varpness, P.A. of Edina, Minnesota.

On behalf of the defendants-respondents, James A. Lovell, Jr., William L. Staples and Dr. Hans Mark, the cause was submitted on the brief of Craig M. White of Wildman, Harrold, Allen & Dixon of Chicago, Illinois and Mark E. Sostarich of Petrie & Stocking S.C. of Milwaukee.

On behalf of the defendants-respondents, Norma Zelazo Paige, Samuel Paige, Holly Russek, Michael Russek, Annette Zelazo Middleton, Nathaniel K. Zelazo, Ronald Zelazo, Ziona Zelazo, and Astronautics Corporation of America, the cause was submitted on the brief of Stephen E. Kravit, Mark M. Leitner and Joseph S. Goode of Kravit, Gass, Hovel & Leitner S.C. of Milwaukee.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

¶ 1. ROGGENSACK, J.

Henry Reget, a minority shareholder in Astronautics Corporation of America (Astronautics), sued the officers, directors, other shareholders who are related to Astronautics's founder and the corporation for breach of fiduciary duty. He seeks damages, a judicially ordered payment of dividends and the purchase of his stock at a price acceptable to him. He also seeks dissolution of the corporation based on the same factual allegations that he...

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