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FULLER v. BRANCH COUNTY ROAD COMMISSION

No. 75-1098.

520 F.2d 307 (1975)

Garnet L. FULLER, Executrix of the Estate of James A. Fuller and Garnet L. Fuller, Plaintiffs-Appellants. Helen Joyce Doane, now known as Helen Joyce Dulin, and Lee Doane, Defendants-Third Party Plaintiffs-Appellants, v. BRANCH COUNTY ROAD COMMISSION, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 23, 1975.

Attorney(s) appearing for the Case

Edward A. VanGunten, VanGunten & Turin, William Jared Monroe, Sylvania, Ohio, Richard A. Enslen, Howard & Howard, Kalamazoo, Mich., for plaintiffs-appellants.

Lilly, Fitzgerald & Smith, Terrence J. Lilly, Kalamazoo, Mich., for defendant-appellee.

Before CELEBREZZE, McCREE, and LIVELY, Circuit Judges.

PER CURIAM.

On June 29, 1970, nearly three years after plaintiff was injured and her husband was killed in an automobile accident arising out of a collision with automobile driven by defendants, and just before the statute of limitations had run, she brought a diversity action against them in the district court for her own injuries and for the wrongful death of her husband. The Doanes impleaded the Branch County Road Commission as a third party defendant. They sought...

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