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CLISSOLD v. ST. LOUIS-S. F. RY. CO.

No. 77-1132.

600 F.2d 35 (1979)

Wallace C. CLISSOLD and Ingebord Clissold, Plaintiffs-Appellees, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 7, 1979.

Rehearing Denied July 6, 1979.

Attorney(s) appearing for the Case

Gordon B. Wheeler, Wheeler, Upham, Bryant & Uhl, Grand Rapids, Mich., Carson C. Grunewald, Bodman, Longley, Bogle & Dahling, George G. Kemsley, Detroit, Mich., for defendant-appellant.

William D. Buchanan, Chollete, Perkins & Buchanan, Grand Rapids, Mich., Francis H. Monek, Chicago, Ill., for plaintiffs-appellees.

Before WEICK and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

The defendant has appealed from a judgment in favor of the plaintiffs in this personal injury diversity action governed by Michigan law.

The complaint was filed in the District Court on November 20, 1972. However, the case was not reached for trial until October 6, 1976. The reason for this long delay does not appear to be attributable to any activities of the parties, as the docket entries show only the filing of the complaint and the...

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