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ARBOUR v. JENKINS

No. 89-1747.

903 F.2d 416 (1990)

Sheila ARBOUR, Personal Representative of the Estate of Victor Arbour, Plaintiff-Appellant, v. Eugene JENKINS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 15, 1990.

Attorney(s) appearing for the Case

Lance A. Fertig (argued), Birmingham, Mich., for plaintiff-appellant.

Ellen G. Ritteman, Asst. U.S. Atty., Detroit, Mich., Scott R. McIntosh (argued), U.S. Dept. of Justice, Appellate Div., Barbara Herwig, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for defendants-appellees.

Before KEITH and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Sheila Arbour appeals the district court's order granting the United States' motions (1) to substitute itself as the proper defendant and (2) to dismiss the action. For the following reasons, we reverse the district court's order.

I.

Plaintiff-appellant Sheila Arbour brought this wrongful death action on behalf of her deceased husband, Victor Arbour, against Eugene Jenkins, John T. Smith, Edward Novak, and Charles Kehoe...

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