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COLEMAN v. OUTBOARD MARINE CORP.

No. 77-011.

92 Wis.2d 565 (1979)

285 N.W.2d 631

COLEMAN, Plaintiff-Appellant, v. OUTBOARD MARINE CORPORATION, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided December 4, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Thomas R. Fahl and Brendel, Flanagan & Sendik, S.C., of Milwaukee.

For the respondent Outboard Marine Corporation the cause was submitted on the brief of Peter W. Bunde, Fred G. Groiss, Patricia K. Ballman and Quarles & Brady, all of Milwaukee.

For the respondents Unions the cause was submitted on the brief of Zubrensky, Padden, Graf & Bratt of Milwaukee.

SHIRLEY S. ABRAHAMSON, J.

The issue presented by this appeal is whether summary judgment should have been granted in this suit brought by an employee against the union and against his employer alleging breach of the duty of fair representation by the union and breach of the collective bargaining agreement by the employer. We hold that summary judgment should not have been granted.

William J. Coleman, the employee-plaintiff, served a summons and complaint upon...

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