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CARDER v. MARHOFF

No. 15171.

143 F.Supp. 920 (1956)

Betty I. CARDER, Administratrix of the Estate of Clarence M. Carder, Deceased, Kenton, Ohio, Plaintiff, v. Elva R. MARHOFF, Defendant.

United States District Court E. D. Michigan, S. D.

September 6, 1956.

Attorney(s) appearing for the Case

Roy Warren Roof, Kenton, Ohio, George Jones, Detroit, Mich., for plaintiff.

Lacey, Jones & Doelle, Detroit, Mich., for defendant.

LEDERLE, Chief Judge.

This action was brought under the Michigan Wrongful Death Statute by the widow of deceased, who has been appointed Administratrix of the Decedent's Estate by an Ohio court. Defendant has moved to dismiss contending that under Michigan Statutes Annotated 27.3178 (278), Comp.Laws 1948, § 704.27, Plaintiff is without standing to sue in Michigan as a personal representative and, hence, under Fed.Rules Civ.Proc. rule 17 (b), 28 U.S.C.A., may...

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