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BAKER v. ELCONA HOMES CORP.

No. 76-2474.

588 F.2d 551 (1978)

Cindy A. BAKER, by and through her father, Joseph Baker, et al., Plaintiffs-Appellants, v. ELCONA HOMES CORPORATION and Joseph L. Slabach, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1978.

Attorney(s) appearing for the Case

John J. McCarthy, William A. Davis, Harlan M. Gordon, Komito, Nurenberg, Plevin, Jocobson, Heller & McCarthy, Cleveland, Ohio, for Baker.

Thomas Murray, Jr., Murray & Murray Co., Sandusky, Ohio, for Banks et al.

John W. Hackett, Jr., Thomas G. Pletz, Schumaker, Loop & Kendrick, Toledo, Ohio, for defendants-appellees.

Before ENGEL and KEITH, Circuit Judges and JOHNSTONE, District Judge.

ENGEL, Circuit Judge.

Early in the evening of June 7, 1973, a 1968 Plymouth Valiant automobile travelling southbound on State Route 4 and a Ford semi-tractor truck travelling westbound on U.S. Route 20 collided at the intersection of the two routes, seriously injuring one and killing the other five occupants of the Valiant. The driver of the truck did not sustain serious injury. U.S. Route 20 at that intersection was a four-lane divided highway running generally east...

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