CHEESE v. AFRAM BROTHERS CO.


32 Wis.2d 320 (1966)

CHEESE, Appellant, v. AFRAM BROTHERS COMPANY and another, Respondents.

Supreme Court of Wisconsin.

November 1, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Harvey L. McCormick of Milwaukee.

For the respondent Afram Brothers Company there was a brief by Shinken & Shinken of Milwaukee, and oral argument by Milton Shinken.

For the respondent Local 364 of the International Union, Allied Industrial Workers of America, AFL-CIO, there was a brief by Goldberg, Previant & Uelmen, and oral argument by John Williamson, all of Milwaukee.


GORDON, J.

The trial court sustained the demurrers of both defendants to Mr. Cheese's amended complaint, and we must determine whether either or both of such demurrers should have been sustained. This court must also determine the effect of the trial court's order which sustained the demurrers "without leave to plaintiff to replead" but also dismissed the action "without prejudice."

In his amended complaint, the...

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