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WEST v. BARTON-MALOW CO

Docket No. 55404, (Calendar No. 18).

394 Mich. 334 (1975)

230 N.W.2d 545

WEST v. BARTON-MALOW COMPANY

Supreme Court of Michigan.

Decided June 24, 1975.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Rodger G. Will), for plaintiff.

LeVasseur, Werner, Mitseff & Brown (by Grahame G. Capp), for defendants.

Decided June 24, 1975. Rehearing denied 395 Mich. 902.

PER CURIAM:

The Appeal Board and the Court of Appeals erred in summarily relying upon McDonald v Kelly Coal Co, 335 Mich. 325; 55 N.W.2d 851 (1952), to deny plaintiff dependent's death benefits. McDonald is readily distinguishable from the instant case. A review of the particular facts in this case reveals that plaintiff...

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