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SCHLOSSER v. ALLIS-CHALMERS CORP.

No. 77-596.

86 Wis.2d 226 (1978)

271 N.W.2d 879

SCHLOSSER, and another, Plaintiffs-Respondents, v. ALLIS-CHALMERS CORPORATION, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 28, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Laurence C. Hammond, Jr., Larry J. Martin and Quarles & Brady of Milwaukee, and Theophil C. Kammholz, Richard H. Schnadig and Vedder, Price, Kaufman & Kammholz, with oral argument by Theophil C. Kammholz, all of Chicago, Illinois.

For the respondents there was a brief by Robert P. Harland, Richard C. Ninneman, Michael J. Herbert and Whyte & Hirschboeck, S.C., with oral argument by Mr. Ninneman, all of Milwaukee.

WILLIAM G. CALLOW, J.

This is an appeal from an interlocutory summary judgment adjudging the defendant Allis-Chalmers Corporation liable to the plaintiffs, a class of retired, salaried, nonunion employees, for breach of a contractual obligation to provide noncontributory (free) life insurance benefits to class members over age sixty-five. We conclude that the trial court did not abuse its discretion in allowing the action to proceed on behalf of the plaintiff class...

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