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RICE LAKE CREAMERY CO. v. INDUSTRIAL COMM.

15 Wis.2d 177 (1961)

RICE LAKE CREAMERY COMPANY, Respondent, v. INDUSTRIAL COMMISSION and others, Appellants.

Supreme Court of Wisconsin.

December 1, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by Goldberg, Previant & Cooper of Milwaukee, for Harry Deboer and others, and by Arnold J. Spencer, chief counsel of the unemployment compensation division, and Ralph E. Kline of Madison of counsel, for the Industrial Commission, and oral argument by Mr. Hugh Hafer of Milwaukee, and Mr. Spencer.

For the respondent there was a brief by Robertson, Hoebreckx & Davis of Milwaukee, and oral argument by O. S. Hoebreckx.

A brief amicus curiae was filed by Giles F. Clark of Milwaukee, for the Wisconsin Manufacturers Association.

HALLOWS, J.

In Marathon Electric Mfg. Corp. v. Industrial Comm. (1955), 269 Wis. 394, 69 N.W.2d 573, 70 N.W.2d 576, this court held striking employees discharged during a strike were not ineligible to receive unemployment benefits by reason of sec. 108.04 (10), Stats.,1 stating, at page 407:

"... when the legislature used the phrase `lost ... employment with an employer because of a strike...

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