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BUFFA v. GENERAL MOTORS CORPORATION

No. 13624.

141 F.Supp. 803 (1956)

Nick BUFFA, Plaintiff, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Defendant, and J. A. Utley Company, a corporation, Third-Party Defendant.

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

June 20, 1956.

Attorney(s) appearing for the Case

Leitson & Dean, Flint, Mich., James Montante, Detroit, Mich., for plaintiff.

Ward, Plunkett & Cooney, Detroit, Mich., for defendant.

Lacey, Jones & Doelle, Detroit, Mich., for third-party defendant.

FREEMAN, District Judge.

This is a motion by General Motors Corporation, defendant, to dismiss plaintiff's suit on the ground that the defendant is not "some person other than * * * the employer" within the meaning of section 15, Part III, of the Workmen's Compensation Act of Michigan, section 17.189, M.S.A., Comp.Laws Supp. 1954 Mich. § 413.15, against whom plaintiff can bring a common law action.

Plaintiff, a cement finisher employed by the J. A. Utley...

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