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FERNANDEZ v. FLINT BOARD OF EDUCATION

No. 14098.

283 F.2d 906 (1960)

Rafael FERNANDEZ, Administrator of the Estate of Placido Fernandez, deceased, Plaintiff-Appellant, v. FLINT BOARD OF EDUCATION, a Michigan Municipal Corporation, and Members, and George A. Odien, Incorporated, a Michigan Corporation, individually and jointly, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

Motion for Rehearing on Denied December 2, 1960.

Attorney(s) appearing for the Case

Joseph Kadans, Detroit, Mich., (James A. Jameson, Bert H. Wicking, Jr., Detroit, Mich. on the brief), for appellant.

George Cary, Detroit, Mich., (Cary, BeGole & Martin, Detroit, Mich., on the brief), for George A. Odien, Inc.

C. Rees Dean, Flint, Mich., (Bellairs & Dean, Flint, Mich.), on the brief for Flint Board of Education.

Before McALLISTER, MILLER and WEICK, Circuit Judges.

Extraordinary Motion for Rehearing on the Merits En Banc Denied December 2, 1960.

PER CURIAM.

The action in the District Court was one for damages for the wrongful death of the decedent occasioned while he was laying pipe or tile in a ditch which caved in and fatally injured him.

The District Judge granted motions of the defendants to dismiss and this appeal was taken to review the order of dismissal.

Decedent was an employee of George A. Odien...

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