West v. Barton-Malow Company, BARTON-MALOW

Decision Date10 September 1975
Docket NumberNo. 55404,BARTON-MALOW,55404
Citation395 Mich. 902,232 N.W.2d 672
PartiesClarence WEST, Deceased, Alzalee West, Widow, Plaintiff-Appellant, v.COMPANY and Michigan Mutual Liability Company, Defendant-Appellee. 395 Mich. 902, 232 N.W.2d 672
CourtMichigan Supreme Court

Before the Entire Bench.

ORDER

On order of the Court, defendants-appellees' application for rehearing is considered and the same is hereby denied. 394 Mich. 334, 230 N.W.2d 545.

Defendants-appellees' motion to take additional testimony is also considered and the same is hereby granted. The case is hereby remanded to the Workmen's Compensation Appeal Board for the taking of additional testimony (see Rule XX of the Rules of Practice of the Workmen's Compensation Appeal Board). Following the receipt of said testimony, the Board shall make findings of fact and law, and thereafter either party may file an application for leave to appeal therefrom directly to this Court.

SWAINSON, J., not participating.

COLEMAN, and LINDEMER, JJ., would grant rehearing.

T.G. KAVANAGH, C.J., would deny rehearing.

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4 cases
  • Sears, Roebuck & Co. v. A. T. & G. Co., Inc.
    • United States
    • Court of Appeal of Michigan — District of US
    • January 6, 1976
    ...also Mary v. Lewis, 57 Mich.App. 14, 225 N.W.2d 206 (1974), Rev. on other grounds, 394 Mich. 443, 231 N.W.2d 648 (1975), Reh. granted, 395 Mich. 902 (1975). The garnishee defendant was entitled to setoff the amount he actually intended to deduct from the principal defendant's earnings. 6 As......
  • Hayes v. Booth Newspapers, Inc.
    • United States
    • Court of Appeal of Michigan — District of US
    • June 3, 1980
    ...then Chief Justice Kavanagh and of Justice Williams in the case of People v. Strodder, 394 Mich. 193, 229 N.W.2d 318 (1975), reh. den. 395 Mich. 902 (1975), recount in part the tragic events which transpired during the course of that trial, presided over by Circuit Court Judge Philip C. Ell......
  • Palm v. General Painting Co., Inc.
    • United States
    • South Carolina Court of Appeals
    • April 19, 1988
    ...94 Cal.App.3d 72, 156 Cal.Rptr. 183 (1979); West v. Barton-Malow Co., 394 Mich. 334, 230 N.W.2d 545 (1975), rehearing denied, 395 Mich. 902, 232 N.W.2d 672 (1975); Kendall v. Housing Authority of Baltimore City, 196 Md. 370, 76 A.2d 767 (1950); Russell v. Johnson, 220 Ind. 649, 46 N.E.2d 21......
  • McCullon v. McCullon
    • United States
    • New York Supreme Court
    • October 31, 1978
    ...by way of imposition of a constructive trust in Wirth under the circumstances of this case. In West v. Barton-Malow Co., 394 Mich. 334, 230 N.W.2d 545 (1975), 395 Mich. 902, 232 N.W.2d 672 (1975). The court dealing with workmen's compensation benefits recognizing the hardship to the plainti......

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