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SCHLOSSER v. ALLIS-CHALMERS CORP.

No. 392.

65 Wis.2d 153 (1974)

222 N.W.2d 156

SCHLOSSER, and others, individually and as representatives of all retired employees of Allis-Chalmers Corporation, Respondents, v. ALLIS-CHALMERS CORPORATION, Appellant.

Supreme Court of Wisconsin.

Decided October 14, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Laurence C. Hammond, Jr., John S. Holbrook, Jr., Larry J. Martin, and Quarles, Herriott, Clemons, Teschner & Noelke, all of Milwaukee, attorneys, and Vedder, Price, Kaufmann & Kammholz, of Chicago, Illinois, of counsel; and oral argument by Mr. Hammond.

For the respondents there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., attorneys, and Robert P. Harland, Richard C. Ninneman and James D. Wing of counsel, all of Milwaukee, and oral argument by Robert P. Harland and Richard C. Ninneman.

No. 392. (August Term, 1973).

WILKIE, C. J.

Two principal issues are presented on this appeal:

I. Must the class members and their causes of action be joinable under sec. 263.04 or sec. 260.10, Stats., before a class action may be maintained under sec. 260.12?

II. Does this class action involving claims for separate damage recoveries satisfy the requirements of sec. 260.12, Stats.?

The complaint names two plaintiffs, Schlosser and Brown...

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