Vlasic Foods Company v. Russek ( 1969 )

Black, J.

(concurring in reversal). I agree fully with that portion of Justice Adams’ opinion commencing with the sentence “Plaintiff originally sued defendants in municipal court as individuals” (ante at 556), and continuing to hut not including the final paragraph thereof.

The order entered by the Court of Appeals, granting defendants’ motion for summary judgment, should be reversed with remand of the record to circuit for trial of the merits of the plaintiff’s cause as pleaded against the defendants. All costs should abide the final result.

T. E. Brennan, C. J., concurred with Black, J. T. G. Kavanagh, J., took no part in the decision of this case.