MELBY v. O'MELIA

No. 78-202.

93 Wis.2d 51 (1979)

286 N.W.2d 373

MELBY, Plaintiff-Appellant, v. O'MELIA, and others, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 13, 1979.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of DeBardeleben & Snyder of Park Falls.

For the respondents the cause was submitted on the brief of Schmitt, Nolan & Hartley of Merrill.

Brief amicus of The State Medical Society of Wisconsin was filed by Murphy, Stolper, Brewster & Desmond, S.C. of Madison.

Before Dean, P.J., Donlin, J., and Foley, J.


DEAN, P.J.

This is an appeal from an order dismissing Melby's first cause of action and granting declaratory relief to respondents. The facts are as follows: Prior to June 15, 1977, Melby and the respondents were associated in the practice of law. Their association took the form of a service corporation, which was organized on February 9, 1971, pursuant to sec. 180.99, Stats. On June 15, 1977, Melby withdrew from the service...

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