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SIMONELLI v. CASSIDY

Docket No. 35, Calendar No. 46,604.

343 Mich. 657 (1955)

73 N.W.2d 474

SIMONELLI v. CASSIDY.

Supreme Court of Michigan.

Decided December 1, 1955.

Attorney(s) appearing for the Case

Joseph A. Cassese and Willis C. Bullard, for plaintiff.

Moll, Desenberg, Purdy & Glover and Humphreys Springstun, for defendant.

SMITH, J.

The defendant is a doctor. Approximately 11 years ago, on December 29, 1944, he performed an operation upon Anna Simonelli, now deceased. The matters about to be discussed grew out of this operation.

Just prior to the running of the statute of limitations,* 2 suits were filed against the defendant. One of them was entitled Eleuterio Simonelli against William J. Cassidy. It was on the no progress docket for 14 months and...

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