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DINARDO v. CONSUMERS POWER CO.

No. 10969.

181 F.2d 104 (1950)

DINARDO v. CONSUMERS POWER CO.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing May 8, 1950.

Attorney(s) appearing for the Case

Elmer H. Groefsema, Detroit, Mich., for appellant. Elmer H. Groefsema, Detroit, Mich., and Abram M. Kaplan, Cleveland, Ohio, on the brief.

M. F. Badgley, Jackson, Mich., for appellee. Bisbee, McKone, Badgley & McInally, Jackson, Mich., and William R. Roberts, Jackson, Mich., on the brief.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

The principal question presented by this appeal is whether the appellant's acceptance of compensation benefits under the Workmen's Compensation Act of Michigan, Comp.Laws 1948, § 411.1 et seq., precludes him from seeking a recovery in a common law action against appellee, which is alleged to be a third party liable for negligence causing appellant's injuries.

On May 30, 1945, appellant,...

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