Legal Opinion

McKenzie v. Fairmont Food Co.

District Court, N.D. Ohio

Decided August 25, 1969No. C 69-99PublishedCited by 2 opinions

1Opinion of the CourtYouNG, J.

This is a personal injury action brought by the administrator of decedent’s estate, also decedent’s father, to recover damages sustained by reason of the death of decedent on July 18, 1967. The action was originally filed in the Court of Common Pleas of Lucas County, Ohio, and was removed to this Court by defendant, who now moves for a dismissal of the complaint for failure to state a cause of action. Such a motion is proper at this juncture pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure.

The complaint alleges that on July 18, 1969, the decedent, a ten-year-old boy at that…

2Cases cited17 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Railroad Co. v. StoutSupreme Court of the United States · 1874
  3. Frewen v. PageMassachusetts Supreme Judicial Court · 1921
  4. Williamson v. Eclipse Motor Lines, Inc.Ohio Supreme Court · 1945
  5. Willie C. Gossett v. Chrysler Corporation, a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1966

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3Cited by2 opinions

  1. Telepo v. ScheidemantelDistrict Court, D. New Jersey · 1990
  2. Fairmont Homes, Inc. v. Shred Pax Corp.District Court, N.D. Indiana · 1990

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