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JOHN v. JOHN

No. 88-1507.

153 Wis.2d 343 (1989)

450 N.W.2d 795

Erica P. JOHN, as an officer and director of De Rance, Inc., Wisconsin non-stock, non-profit corporation, and Donald A. Gallagher, as an officer, director and trustee of De Rance, Inc., Plaintiffs-Respondents, v. Harry G. JOHN, as a director and trustee of De Rance, Inc., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 24, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Pappas & Stewart, by David C. Pappas, of Madison.

For the plaintiffs-respondents the cause was submitted on the briefs of O'Neil, Cannon & Hollman, S.C., of Milwaukee, and Cannon & Dunphy, S.C., of Milwaukee, by Thomas G. Cannon.

Before Sullivan, Fine, and Brown, JJ.

SULLIVAN, J.

Harry G. John appeals from a judgment permanently enjoining him from serving as a director and trustee of De Rance, Inc. and ordering him to pay equitable disgorgement of $1,171,418 plus interest to De Rance. John raises eleven issues on appeal. He argues that:

(1) the trial court lacked jurisdiction to remove him as a director and trustee of De Rance because De Rance is a religious corporation and...

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