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SOVE v. SMITH

No. 14857.

311 F.2d 5 (1962)

Dora SOVE, Plaintiff-Appellant, v. William Otis SMITH, Frank Miller, Rose Miller, Vincent Mancinelli and J. Mancinelli Excavating Company, a Michigan corporation, jointly and severally, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 27, 1962.

Attorney(s) appearing for the Case

John Safran, Detroit, Mich. (Wood & Wood, John Safran, Detroit, Mich., on the brief), for appellant.

Lawrence A. Bohall, Detroit, Mich., for Mancinelli.

Daniel Zolkower, Detroit, Mich., for Smith and Miller.

Cary, BeGole & Martin, Detroit, Mich., on the brief for Mancinelli.

Willans, Frisbee & Ryal, Detroit, Mich., on the brief for Smith and Miller.

Before MILLER, Circuit Judge, O'SULLIVAN, Circuit Judge, and DARR, Senior District Judge.

DARR, Senior District Judge.

This appeal involves the making of a judgment on whether a wife has a separate and independent action for loss of consortium; on whether the prior judgment in the husband's suit for bodily injuries works a collateral estoppel for the wife to maintain such a separate and independent action; and on whether the wife was required to be a party in the husband's damage suit under Rule 19, Federal Rules of Civil Procedure.

The jurisdiction...

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