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PFEIFER v. GMC TRUCK & COACH DIVISION

No. 13396.

255 F.2d 40 (1958)

Irving W. PFEIFER, Administrator of the Estate of Wilbur Stroud, Deceased, Appellant, v. GMC TRUCK & COACH DIVISION, a division of General Motors Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

May 12, 1958.

Attorney(s) appearing for the Case

Isaac M. Smullin, Detroit, Mich., for appellant.

William J. Oldani, Detroit, Mich., Henry M. Hogan, Detroit, Mich., on the brief, G. Wilson Gloster, Detroit, Mich., of counsel, for appellee.

Before McALLISTER, MILLER and STEWART, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the district court dismissing an action for the wrongful death of Wilbur Stroud, brought by the administrator of his estate. The district court's order of dismissal was based upon the grounds that the action was barred by the exclusive remedy provision of the Michigan Workmen's Compensation Law, Comp.Laws 1948, § 411.1 et seq., and, further, that the action was foreclosed by a prior adjudication of the same claim...

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