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KENNEDY-INGALLS CORP. v. MEISSNER

8 Wis.2d 126 (1959)

KENNEDY-INGALLS CORPORATION, Plaintiff and Appellant, v. MEISSNER and another, Defendants and Respondents: A. O. SMITH CORPORATION, Intervening Plaintiff and Appellant.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellant Kennedy-Ingalls Corporation there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Victor M. Harding of counsel, all of Milwaukee, and oral argument by Victor M. Harding.

For the appellant A. O. Smith Corporation there was a brief by Porter, Johnson, Quale & Porter, attorneys, and James N. Johnson and Irving W. Zirbel of counsel, all of Milwaukee, and oral argument by Mr. Zirbel.

For the respondents there were briefs by Michael Klein and Arnold, Philipp & Murray, all of Milwaukee, for the Associated Sales & Bag Company, and by Rosenbaum & Rosenbaum and Arnold, Philipp & Murray, all of Milwaukee, for Roland E. Meissner, and oral argument by Mr. Suel O. Arnold and Mr. Klein.

BROWN, J.

New Trial.

We consider that the learned trial court misinterpreted the effect of Kennedy-Ingalls Corp. v. Meissner, supra, in its application to the facts as they appear at and after the trial. On page 109 of that opinion we said that although Smith did not necessarily have to be made a party in order for the trial court to adjudicate the issues raised by Kennedy's complaint and the answers of the two defendants, it is absolutely...

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