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PROPST v. FISHER

No. 14890.

313 F.2d 248 (1963)

Sherwood J. PROPST, Special Administrator of the Estate of Ida J. Propst, Deceased, Duncan A. Doran, Special Administrator of the Estate of Frank W. Doran, Deceased, Duncan A. Doran, Special Administrator of the Estate of Bertha M. Doran, Deceased, Plaintiffs-Appellants, v. Patrick J. FISHER, Administrator of the Estate of Raymond Fustes, Deceased, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 14, 1963.

Attorney(s) appearing for the Case

David Anbender and Cyril Abramson, Detroit, Mich., for appellants, Anbender & Anbender, Detroit, Mich., on the brief.

Robert E. Sullivan, Detroit, Mich., for appellee, Sullivan, Sullivan, Hull & Ranger, Detroit, Mich., on the brief.

Before CECIL, Chief Judge, WEICK, Circuit Judge, and BOYD, District Judge.

WEICK, Circuit Judge.

The sole question in this appeal is whether the failure of the plaintiffs to comply with an Indiana statute1 requiring the filing of their claims against a decedent's estate in the probate court barred them from maintaining the present actions for damages for wrongful death against the administrator of the Indiana decedent in the United States District Court in Michigan where...

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