SPACCAROTELLI v. FERDIBAR

Docket No. 22133.

67 Mich. App. 29 (1976)

239 N.W.2d 750

SPACCAROTELLI v. FERDIBAR

Michigan Court of Appeals.

Decided January 26, 1976.


Attorney(s) appearing for the Case

Gittleman, Paskel, Tashman, Thomas & Ross, P.C., for plaintiffs.

Alexander, Buchanan & Seavitt (by Wayne L. Onge), for defendants.

Before: BRONSON, P.J., and BASHARA and M.F. CAVANAGH, JJ.


M.F. CAVANAGH, J.

This is an action under the dramshop act, MCLA 436.22; MSA 18.993, as amended. On November 5, 1972, plaintiff Joseph Spaccarotelli got into a fight with Gary Ish in defendants' bar. Plaintiffs commenced this action for injuries allegedly caused to Joseph Spaccarotelli in that incident.

Defendants were timely and properly served with process. However, in spite of due diligence exercised by plaintiffs to locate and serve the alleged assailant...

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