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GARNER v. CITY OF MICHIGAN CITY

No. S 77-129.

453 F.Supp. 33 (1978)

Judith GARNER, Administratrix of the Estate of Joseph J. Fernandez, Deceased, Plaintiff, v. CITY OF MICHIGAN CITY, a Municipal Corporation, the Michigan City Department of Parks and Recreation, a Municipal Corporation of the State of Indiana, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

May 12, 1978.

Attorney(s) appearing for the Case

Harry A. Psimos, Merrillville, Ind., Joseph A. Rosin, Chicago, Ill., Thomas R. Bullard, East Chicago, Ind., for plaintiff.

Craig V. Braje, Michigan City, Ind., Vincent P. Campiti, South Bend, Ind., for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

The complaint alleges that Joseph J. Fernandez drowned in the waters of Lake Michigan on or about July 29, 1976, after entering those waters from the Washington Park Beach in the City of Michigan City, Indiana. Defendants admit that the City of Michigan City is a municipal corporation existing under and by virtue of the laws of the State of Indiana. Defendants' answer denies that the Michigan City Department...

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