BENTON HARBOR MALL. IND. v. GEN. MTRS. CORP.

Docket No. 94, Calendar No. 47,733.

358 Mich. 684 (1960)

101 N.W.2d 281

BENTON HARBOR MALLEABLE INDUSTRIES v. GENERAL MOTORS CORPORATION.

Supreme Court of Michigan.

Rehearing applied for denied April 11, 1960.


Attorney(s) appearing for the Case

Henry M. Hogan (Stuart McCallum, E.H. Reynolds and G.W. Gloster, of counsel), for defendant.

Amici Curiae on application for rehearing:

Joseph T. Riley and Benjamin Marcus.


Rehearing applied for by amici curiae denied April 11, 1960.

KELLY, J.

Plaintiff seeks apportionment under part 7, § 9, of the workmen's compensation act (CL 1948, § 417.9 [Stat Ann 1950 Rev § 17.228]), which provides in part:

"The total compensation due shall be recoverable from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If, however, such disease...

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