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COMMUNITY NAT. BANK v. MEDICAL BENEFIT ADM'RS

No. 99-3026.

242 Wis.2d 626 (2001)

2001 WI App 98

626 N.W.2d 340

COMMUNITY NATIONAL BANK, Plaintiff-Respondent, v. MEDICAL BENEFIT ADMINISTRATORS, LLC, Defendant-Appellant, PAS, INC., Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 1, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Kristine A. Edwards and Daniel J. Schlichting of Hurley, Burish & Milliken, S. C. of Madison.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Kevin J. Palmersheim of Haley Palmersheim, S.C. of Madison.

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

¶ 1. ROGGENSACK, J.

Medical Benefit Administrators, LLC (MBA) appeals an order of the circuit court approving the final accounting of its court-appointed receiver. MBA claims that the circuit court erred because the purchaser of MBA's assets awarded the receiver a $400,000 consulting contract as part of MBA's asset sale. We conclude that the receiver had a fiduciary duty to MBA and its creditors not to deal with receivership property to benefit itself at their...

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