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POLLY v. ESTATE OF CARLSON

No. 94-CV-71742-DT. Civ. A. No. 94-CV-71186-DT.

859 F.Supp. 270 (1994)

Patricia POLLY, individually, and as independent personal representative of the estate of Jerry Polly, Plaintiffs, v. ESTATE OF Arne E. CARLSON, James E. CARLSON, and Robert A. Carlson, Jointly and Severally, Defendants. In the Matter of the Complaint of Robert A. CARLSON and James E. Carlson, as co-representatives of Estate of Arne E. Carlson, deceased, Robert A. Carlson and James E. Carlson, individually, all as owners of one 1979 Silverton, 34 foot power boat, hull identification No. STNO2158M791-340 for exoneration from or limitation of liability.

United States District Court, E.D. Michigan, Southern Division.

June 27, 1994.

Attorney(s) appearing for the Case

Raymond S. Sakis, Troy, MI, for plaintiffs.

Mark W. Peyser, Timmis & Inman, Detroit, MI, for defendants.

OPINION AND ORDER

FEIKENS, District Judge.

Patricia Polly, individually and as representative of the estate of Jerry Polly, moves to remand to Circuit Court for Macomb County in case No. 94-CV-71742-DT and moves to dismiss and to dissolve the stay of state court proceedings in case No. 94-CV-71186-DT. For the following reasons, those motions are granted in part and denied in part.

I.

These cases arise out of a tragic boating accident...

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