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SYLVESTER v. MESSLER

Nos. 16106, 16107.

351 F.2d 472 (1965)

Madeline SYLVESTER, Plaintiff-Appellant, v. Lorraine I. MESSLER, Administratrix of the Estate of Adeline Elizabeth Houghton, Deceased, Defendant-Appellee. Maude OLDFIELD, Plaintiff-Appellant, v. Lorraine MESSLER, Administratrix of the Estate of Adeline Elizabeth Houghton, Deceased, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 10, 1965.

Attorney(s) appearing for the Case

Eric E. Zisman, Detroit, Mich., for appellants.

John A. Ashton, Detroit, Mich., Eggenberger, Eggenberger & Ashton, Detroit, Mich., on brief, for appellee.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and MATHES, Senior District Judge.

PER CURIAM.

These are appeals from dismissal of plaintiffs-appellants' complaints in diversity actions resulting from an automobile accident. The United States District Judge dismissed these suits on motion because of plaintiffs' failure to comply with the time and service requirements of the Michigan Statute of Limitations, Mich.Stat.Ann., 1962 Rev., §§ 27A.5805 and 27A.5856.

The District Judge held that Ragan v. Merchants Transfer & Warehouse...

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