Nolte v. Michels Pipeline Construction, Inc.

Two issues are presented on appeal:

1. Did the trial court err in holding that the action was not a proper class action ?

2. If the answer is no, then did the trial court err in concluding that the causes of action of the named plaintiffs were properly joined?

Class Actions

The plaintiffs contend that this action was properly commenced as a class action, and that because the requirements of secs. 263.04 and 260.10, Stats. (1973), are not applicable to class actions properly brought under 260.12 (1973), Schlosser v. Allis-Chalmers Corp., 65 Wis.2d 153, 160-68, 222 N.W.2d 156 (1974), the trial…