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SCHENK v. PACKAGING CORPORATION OF AMERICA

Civ. A. No. 4863.

267 F.Supp. 439 (1966)

Mary B. SCHENK, Administratrix of the Estate of Robert F. Schenk, Deceased, Plaintiff, v. PACKAGING CORPORATION OF AMERICA, a Delaware corporation, Chandler Fox, Elwood Fox, and Gene Howes, jointly and severally, Defendants.

United States District Court W. D. Michigan, S. D.

June 27, 1966.

Attorney(s) appearing for the Case

William G. Reamon, Marcus, McCroskey, Libner, Reamon, Williams & Dilley, Grand Rapids, Mich., for plaintiff.

Hillman, Baxter & Hammond, by Robert N. Hammond, Grand Rapids, Mich., for Packaging Corporation of America.

Cholette, Perkins & Buchanan, by Don V. Souter, Grand Rapids, Mich., for defendants Chandler Fox, Elwood Fox and Gene Howes.

OPINION

FOX, District Judge.

This is a motion for summary judgment brought by defendant Packaging Corporation pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Defendant Packaging Corporation claims that under the undisputed facts there is no basis for its presence in the case, since the driver of the vehicle involved in the accident which is the source of this suit was the employee of an independent contractor, and not an employee of...

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