ESTATE OF MILLS v. TRIZEC PROPERTIES

No. 91-1889.

965 F.2d 113 (1992)

ESTATE OF Shirley J. MILLS, Deceased; Howard T. Linden, Personal Representative, Plaintiffs-Appellants, v. TRIZEC PROPERTIES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1992.


Attorney(s) appearing for the Case

Norman L. Zemke (argued and briefed), Elliott R. Perlman, Southfield, Mich., for plaintiffs-appellants.

Barry M. Kelman (argued and briefed), Gofrank & Kelman, Southfield, Mich., for defendant-appellee.

Before: MARTIN and RYAN, Circuit Judges; and WILHOIT, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

The Estate of Shirley Mills filed a wrongful death action against Trizec Properties, which the parties agreed to arbitrate. After the arbitration panel awarded the estate $100,000, Trizec refused to pay and moved for judgment in this proceeding, claiming there was no valid personal representative of the Estate and thus, the arbitration agreement was void. The district court granted Trizec's motion for summary judgment, and the...

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