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INT'L MACHINIST ASS'N v. US CAN

No. 87-1784.

150 Wis.2d 479 (1989)

441 N.W.2d 710

INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, IAM Local 437, IAM Local 710, IAM District 10, IAM District 172, individually and as authorized representatives of all IAM Employees of United States Can Company, Continental Can Company, CCC Series 200, Inc., Inter-American Packaging, Inc., and GP Acquisition Company, Inc., Plaintiffs-Appellants, v. UNITED STATES CAN COMPANY, a Georgia corporation, Continental Can Company, U.S.A., Inc., a Delaware corporation CCC Series 200, Inc., a Delaware corporation, Inter-American Packaging, Inc., a Pennsylvania corporation, GP Acquisition Company, Inc., a Pennsylvania corporation, and John Doe's 1-100, collectively referring to the banks, and other lenders participating in the financing of the acquisition of Continental Can, packaging sector by United States Can Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1989.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in court of appeals) by Richard D. Wilkinson, Stephen H. Skoller, Mary Jo Reich, and Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, New Jersey; and David Leo Uelmen and Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, Milwaukee; and oral argument by Mr. Wilkinson.

For the defendant-respondent, Continental Can Company, U.S.A., Inc., there was a brief (in court of appeals) by Robert A. Christensen, Stanley S. Jaspan, and Foley & Lardner, Milwaukee, and oral argument by Mr. Christensen.

For the defendants-respondents, United States Can Company, CCC Series 200, Inc., Inter-American Packaging, Inc., and GP Acquisition Company, Inc., there was a brief (in court of appeals) by Carson P. Veach, and Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Illinois; and Robert H. Bichler and Thompson & Coates, Ltd., Racine; and oral argument by Mr. Veach.

HEFFERNAN, CHIEF JUSTICE.

This is an appeal on certification of the court of appeals from a judgment of the circuit court for Racine county, which dismissed the complaint of the International Association of Machinists & Aerospace Workers (IAM), some of its local unions, and, in a represented capacity, all the IAM employees of those locals brought against United States Can Company and Continental Can Company. We reverse and remand for further proceedings.

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