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MACKRIS v. MURRAY

No. 17891.

397 F.2d 74 (1968)

Florence P. MACKRIS, Administratrix of the Estate of James Mackris, Plaintiff-Appellee, v. John A. MURRAY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

July 12, 1968.

Attorney(s) appearing for the Case

William D. Booth, Detroit, Mich., for appellant, Ward, Plunkett, Cooney, Rutt & Peacock, Detroit, Mich., on the brief.

John Boghosian, Southfield, Mich., for appellee.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and CECIL, Senior Circuit Judge.

O'SULLIVAN, Circuit Judge.

The question here for decision is whether Michigan, contrary to its earlier holding, would now allow a plaintiff to substitute collateral estoppel for proofs as a means of establishing a defendant's liability; this to be so, notwithstanding that the estoppel is not mutual. Plaintiff-appellee, Florence P. Mackris, is administratrix of the estate of her deceased husband, James Mackris. Her complaint charged that he died from injuries received...

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