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LOZOFF v. KAISERSHOT

11 Wis.2d 485 (1960)

LOZOFF, Plaintiff and Respondent, v. KAISERSHOT and others, Defendants: WARGA, Defendant and Appellant.

Supreme Court of Wisconsin.

November 1, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Michael D. Preston of Milwaukee.

For the respondent there was a brief by Shea & Hoyt of Milwaukee, and oral argument by Hamilton T. Hoyt.

FAIRCHILD, J.

1. Defense by representation in an action for declaratory judgment. Sec. 260.12, Stats., provides that "when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole."

The parties defending for the class must have a right or interest in common with the persons represented, and must fairly represent the interest or right involved so that the...

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