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JOANNES v. RAHR GREEN BAY BREWING CORP.

257 Wis. 139 (1950)

JOANNES, Respondent, vs. RAHR GREEN BAY BREWING CORPORATION and others, Appellants.

Supreme Court of Wisconsin.

May 2, 1950.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding of counsel, and oral argument by Mr. Harding and Mr. John G. Vergeront, all of Milwaukee.

For the respondent there was a brief by Bloodgood & Passmore, John P. Roemer, and Charles H. Galin, all of Milwaukee, attorneys, and Rodney C. Welsh of Green Bay of counsel, and oral argument by Mr. Roemer.

MARTIN, J.

The defendants-appellants take the position that the trial court erred in denying their motions for summary judgment for the following reasons:

1. On the basis of the pleadings and the admitted documents in the record, there is no material issue of fact and plaintiff has no cause of action, either against the creditors' committee or against Miller.

2. Plaintiff is seeking equitable relief because of an alleged cause of action which arose...

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