M & I MARSHALL & ILSLEY v. GUAR. FINANCIAL

No. 2010AP729.

800 N.W.2d 476 (2011)

2011 WI App 82

M & I MARSHALL & ILSLEY BANK, Plaintiff-Appellant, v. GUARANTY FINANCIAL, MHC, Guaranty Bank, GBRC Holding Company and GB REIT Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed May 5, 2011.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel J. Vaccaro and Joseph Louis Olson of Michael Best & Friedrich LLP, Milwaukee. There was oral argument by Daniel J. Vaccaro .

On behalf of the defendants-respondents, the cause was submitted on the brief of Kevin L. Keeler and Mathew S. Vignali of Beck, Chaet, Bamberger & Polsky, S.C., Milwaukee. There was oral argument by Kevin L. Keeler .

Before VERGERONT, P.J., SHERMAN and BLANCHARD, JJ.


BLANCHARD, J.

¶ 1 M & I Marshall & Ilsley Bank appeals a circuit court order dismissing M & I's state law claims on federal preemption grounds. M & I's state law claims sought to reverse an exchange of shares of stock between defendant Guaranty Bank and defendant GB REIT on the grounds that the stock exchange amounted to fraudulent transfer and conversion of M & I assets pledged as collateral for a loan made by M & I to the defendant entities...

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