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COLEMAN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 75-608.

80 Wis.2d 311 (1977)

259 N.W.2d 66

COLEMAN, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Respondent.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by John L. Becker, Becker, Kinnel, Doucette & Mattison, and oral argument by John L. Becker, all of Milwaukee.

For the respondent there was a brief by James G. Howard and Binder, Zirbel & Howard, and oral argument by James G. Howard, all of Milwaukee.

HANLEY, J.

This appeal presents two issues for determination:

1. Is a motion for summary judgment procedurally correct to put at issue the question of proper party-defendant?

2. Is the employer, under the instant profit sharing plan and trust agreement, a proper party-defendant?

Propriety of Motion for Summary Judgment

The plaintiff contends that a motion for summary judgment was not the correct procedure to place the issue of...

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