WIENER, a member of the class of persons who have paid usurious charges to the defendant on behalf of himself and all others similarly situated, Respondent,
v.
J. C. PENNEY COMPANY, Appellant.
TUCCELLI, individually and on behalf of all others similarly situated, Respondent,
v.
NELSON BROTHERS FURNITURE COMPANY, Appellant.
MITCHELL, individually and on behalf of all others similarly situated, Respondent,
v.
GIMBEL BROTHERS, INC., Appellant.
WIENER, a member of the class of persons who have paid usurious charges to the defendant on behalf of himself and all others similarly situated, Respondent,
v.
SEARS, ROEBUCK & COMPANY, Appellant.
MATTHEWS, individually and on behalf of all others similarly situated, Respondent,
v.
BOSTON STORE, Appellant.
MOYLAN, individually and on behalf of all others similarly situated, Respondent,
v.
SEARS, ROEBUCK & COMPANY, Appellant.
LASIEWICZ, individually and on behalf of all others similarly situated, Respondent,
v.
NISS & SONS, INC., Appellant.
DOUGLAS, individually and on behalf of other credit customers who paid defendant usurious charges, Respondent,
v.
COMMUNITY STORES CORPORATION, Appellant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued May 2, 1972.
Decided June 6, 1972.
Attorney(s) appearing for the Case
For the defendants-appellants there were briefs by Steven E. Keane, James P. Brody, Robert A. Christensen, and Foley & Lardner, all of Milwaukee, for J. C. Penney Company, Inc., Nelson Brothers Furniture Company, and Gimbel Brothers, Inc.; and by L. C. Hammond, Jr., John S. Holbrook, Jr., Bruce C. Davidson, and Quarles, Herriott, Clemons, Teschner & Noelke, all of Milwaukee, for Sears, Roebuck & Company, Milwaukee Boston Store Company, a division of Federated Department Stores, Inc., and Community Stores Corporation, attorneys; and Orr, Isaksen, Werner, Lathrop & Heaney of Madison, of counsel for J. C. Penney Company, Inc.; and Shea, Hoyt, Greene, Randall & Meissner of Milwaukee, of counsel for Gimbel Brothers, Inc.; and oral argument by John S. Holbrook, Jr., for Sears, Roebuck & Company, Federated Department Stores, Inc., and Community Stores Corporation; and by Steven E. Keane for J. C. Penney Company, Inc., Nelson Brothers Furniture Company, Gimbel Brothers, Inc., and Niss & Sons, Inc.
For the plaintiffs-respondents there were briefs by Warshafsky, Rotter & Tarnoff of Milwaukee, for Michael Tuccelli, et al., Robert Mitchell, et al., James Matthews, et al., Thomas Moylan, et al., and Elco Douglas, et al., and by Meldman & Kahn of Milwaukee for William Wiener, et al., attorneys; and Ted M. Warshafsky and Joan F. Kessler, both of Milwaukee, and Aram A. Hartunian and Pressman & Hartunian, all of Chicago, Illinois, of counsel; and oral argument for respondents in Case Nos. 345, 346, 348, 349, and 455 by Ted M. Warshafsky, and for the respondents in Case Nos. 344 and 347 by Aram A. Hartunian.
Supreme Court of Wisconsin.
PER CURIAM.
These cases were brought on appeals from orders overruling demurrers. The demurrers were founded upon the proposition that for various reasons, both substantive and procedural, class actions for the recovery of usurious charges are not permissible in Wisconsin.
Subsequent to the filing of briefs and oral argument in this court, the Governor signed into law Senate Bill No. 3 of the special session of 1972. This bill on its face eliminates the allowance...
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