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NOLTE v. MICHELS PIPELINE CONST. INC.

No. 76-219.

83 Wis.2d 171 (1978)

265 N.W.2d 482

NOLTE, and others, Appellants, v. MICHELS PIPELINE CONSTRUCTION, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided May 2, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Lawrence G. Wickert, Harold H. Fuhrman, John P. Roemer, and Wickert & Fuhrman of Milwaukee.

For respondent Michels Pipeline Construction, Inc., the cause was submitted on the brief of Law Office C. Donald Straub of Milwaukee.

A joint brief was submitted by Ewald L. Moerke, Jr., Robert Arthur Melin, and Schroeder, Gedlen, Riester & Moerke of Milwaukee, for Metropolitan Sewerage Commission of the County of Milwaukee, and Metropolitan Sewerage District of the County of Milwaukee; and by James B. Brennan, city attorney, and Richard F. Maruszewski, assistant city attorney, for Sewerage Commission of the City of Milwaukee.

HANLEY, J.

Two issues are presented on appeal:

1. Did the trial court err in holding that the action was not a proper class action?

2. If the answer is no, then did the trial court err in concluding that the causes of action of the named plaintiffs were properly joined?

Class Actions

The plaintiffs contend that this action was properly commenced as a class action, and that because the requirements of secs. 263.04 and 260.10,...

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