John Michael Smith, Plaintiff-appellant, v. Montgomery Ward & Co., Inc., Defendant-appellee, 388 F.2d 291 (6th Cir. 1968)

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US Court of Appeals for the Sixth Circuit - 388 F.2d 291 (6th Cir. 1968) Jan. 16, 1968

Sol E. Goldberg, Detroit, Mich., for appellant.

John L. Vanker, Jr., Detroit, Mich. (Butzel, Eaman, Long, Gust & Kennedy, Detroit, Mich., on the brief), for appellee.


Before WEICK, Chief Judge, and PECK and COMBS, Circuit Judges.

COMBS, Circuit Judge.

This is an appeal from an order of the District Court granting a motion for summary judgment in favor of the defendant-appellee in a personal injury action.

The appellant, John Michael Smith, a former employee of the appellee, Montgomery Ward & Co., Inc., was awarded workmen's compensation for an injury sustained in the course of his employment in 1958. That injury was, in the words of appellant's counsel, 'a psycho-physiological-musculo-skeletal reaction.'