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KRAUS v. BOARD OF COUNTY ROAD COM'RS FOR COUNTY OF KENT

No. 17540.

385 F.2d 864 (1967)

Joyce M. KRAUS, Special Administratrix of the Estate of Kenneth Kraus, Deceased, Plaintiff-Appellant, v. BOARD OF COUNTY ROAD COMMISSIONERS FOR the COUNTY OF KENT and Board of County Road Commissioners for the County of Newaygo, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

November 30, 1967.

Attorney(s) appearing for the Case

Richard M. Van Orden, Grand Rapids, Mich. (Bergstrom, Slykhouse, Shaw, Van Orden, DeYoung & Boyles, by Richard M. Van Orden, Grand Rapids, Mich., on the brief), for appellant.

Edward D. Wells, Grand Rapids, Mich. (Cholette, Perkins & Buchanan, Grand Rapids, Mich., on the brief), for the County of Kent (William J. Addison, Grand Rapids, Mich., of counsel).

Sam F. Massie, Jr., Grand Rapids, Mich. (Allaben, Massie, Vander Weyden & Timmer, by Sam F. Massie, Jr., Grand Rapids, Mich., on the brief), for the County of Newaygo.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal from the dismissal of a widow's complaint in a diversity action. Appellant sought damages for the death of her husband in an automobile accident resulting from the alleged negligence of the two counties concerned in failing to keep their roads in a condition "reasonably safe and convenient for public travel." The action was dismissed on motion by the District Court for want of the statutorily required notice.

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