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BUSCAINO v. RHODES

Docket No. 5,624.

20 Mich. App. 329 (1969)

174 N.W.2d 61

BUSCAINO v. RHODES

Michigan Court of Appeals.

Rehearing denied January 13, 1970.

Leave to appeal granted July 21, 1970.

Attorney(s) appearing for the Case

Harold J. Smith, for plaintiffs.

Richard F. Biringer, for defendants.

Before: J.H. GILLIS, P.J., and LEVIN and BRONSON, JJ.

Leave to appeal granted July 21, 1970. See 383 Mich. 807.

J.H. GILLIS, P.J.

The cause of action in this case arose out of an automobile accident on November 13, 1964. The suit was commenced on November 7, 1967, six days before the expiration of the statute of limitations,1 and on that date a copy of the summons and complaint were placed in the hands of the sheriff (for service). At that time counsel for plaintiffs

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