Kraus v. Board of County Road Commissioners

364 F.2d 919 (1966)

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Kraus v. Board of County Road Commissioners

United States Court of Appeals for the Sixth Circuit
364 F.2d 919 (1966)

Facts

Kraus (plaintiff) sued the Board of County Road Commissioners (Board) (defendant) for wrongful death. As a defense, the Board argued that Kraus did not provide written notice of the claim within the time period prescribed by Michigan law. The Board moved for summary judgment. The district court denied the motion on the ground that the notification statute was inapplicable to wrongful death suits. The judge included a certification for immediate review pursuant to 28 U.S.C. § 1292(b) in the order. The Board appealed to the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Phillips, J.)

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