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ESTATE OF CLARK

Docket No. 7887.

33 Mich. App. 395 (1971)

190 N.W.2d 373

ESTATE OF CLARK SWARTHOUT v. BEARD

Michigan Court of Appeals.

Decided May 18, 1971.

Attorney(s) appearing for the Case

van Benschoten & van Benschoten, P.C., for plaintiff.

Wise, Early, Starbuck & Lennon (Carl H. Reynolds, of counsel), for defendant Lewis J. Sarvis.

Foster, Campbell, Lindemer & McGurrin (by John L. Collins), for defendant Beard's Welding & Erection Company.

Before: FITZGERALD, P.J., and HOLBROOK and BRONSON, JJ.

Leave to appeal granted, 387 Mich. 770.

HOLBROOK, J.

Plaintiff's decedent, Leonard Clark, was killed on July 29, 1963, when the west wall of an excavation caved in on him. At the time, he was working in the excavation as an employee of Nordstrom-Myers, Inc., the general contractor, putting in footings for the library building at Alma College.

This is a wrongful death action naming Beard's Welding & Erection Company, the excavator, and

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