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DEMERATH v. NESTLE CO., INC.

No. 84-049.

121 Wis.2d 194 (1984)

358 N.W.2d 541

Lois DEMERATH, Richard Eiting, Thomas H. Fassbender, Donald Frederickson, William Geyso, Debra Huss, Bernard Leiterman, Eugene Lorenz, Marilyn Loveless, Kathleen Schmidt, Earl Vande Hey and Raymond Van Zeeland, Plaintiffs-Appellants, v. The NESTLE COMPANY, INC., a Connecticut corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 9, 1984.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of James H. Fassbender of Kaukauna.

For the respondent the cause was submitted on the brief of Ira Michael Sheppard, Paul Monroe Heylman, Schmeltzer, Aptaker & Sheppard, P.C., of Washington, D.C., and Thomas L. Williams and Gabert E. Williams of Appleton.

Before Foley, P.J., Dean and Nettesheim, JJ.

DEAN, J.

Lois Demerath and other former employees of The Nestle Company appeal the summary judgment denying their claim for severance pay under a company personnel policy upon Nestle's sale of its White Clover Dairy operation. Nestle refused to give severance pay because the employees were immediately hired by the plant's new owners to substantially equivalent positions at the same salary. The former employees argue that the trial court misinterpreted the severance...

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