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ENGLAND v. DANA CORPORATION

No. 17266.

428 F.2d 385 (1970)

Margaret ENGLAND, Plaintiff-Appellant, v. DANA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 1, 1970.

Attorney(s) appearing for the Case

David W. Dennis, Richmond, Ind., Tony Foster, Indianapolis, Ind., for plaintiff-appellant; Dennis, Dennis & Reinke, Richmond, Ind., Bingham Summers, Welsh & Spilman, Indianapolis, Ind. of counsel.

James J. Stewart, Terence Leads, Indianapolis, Ind., for defendant-appellee; Stewart, Irwin, Gillion, Fuller & Meyer, Indianapolis, Ind., of counsel.

Before CASTLE, Chief Judge, DUFFY, Senior Circuit Judge and FAIRCHILD, Circuit Judge.

DUFFY, Senior Circuit Judge.

This suit was a common law action for damages for alleged loss of support and consortium brought by a wife against her husband's employer, Dana Corporation, arising from personal injuries which the husband suffered and which arose out of and in the course of his employment.

The District Court considered defendant's motion for summary judgment as a motion to dismiss and granted same. The Court dismissed the action for failure of...

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