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SCHEMEL v. GENERAL MOTORS CORPORATION

No. EV 66-C-58.

261 F.Supp. 134 (1966)

Phillip Michael SCHEMEL, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant.

United States District Court S. D. Indiana, Evansville Division.

November 28, 1966.

Attorney(s) appearing for the Case

William J. Marshall, Princeton, Ind., for plaintiff.

Thomas M. Scanlon, Anton Dimitroff, and Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., for defendant.

MEMORANDUM OPINION

DILLIN, District Judge.

This cause comes before the Court for ruling on the motion of the defendant, General Motors Corporation, to dismiss plaintiff's personal injuries action for failure to state a claim upon which relief may be granted. It has been fully briefed.

The novel theories presented by plaintiff's complaint are (1) that the defendant is under a duty to the motoring public...

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