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HENRY v. DOW CHEMICAL CO.

No. 328716.

905 N.W.2d 422 (2017)

319 Mich. App. 704

Gary HENRY and Kathy Henry, Plaintiffs-Appellees, v. DOW CHEMICAL COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 1, 2017, 9:00 a.m.

Attorney(s) appearing for the Case

Trogan & Trogan, PC (by Bruce F. Trogan ), Stueve Siegel Hanson LLP (by Todd M. McGuire and Norman E. Siegel ), Spencer Fane LLP (by Michael F. Saunders ), and The Woody Law Firm PC (by Teresa A. Woody ) for plaintiffs.

Dickinson Wright PLLC (by Kathleen A. Lang and Phillip J. DeRosier ), Braun Kendrick Finkbeiner, PLC (by Craig W. Horn ), and Kirkland & Ellis LLP (by Douglas J. Kurtenbach , PC, Douglas G. Smith , PC, Scott A. McMillin , PC, and Jeffrey Bossert Clark ) for defendant.

Honigman Miller Schwartz and Cohn LLP (by John D. Pirich and Andrea L. Hansen ) for amicus curiae the Michigan Chamber of Commerce.

Miller, Canfield, Paddock and Stone, PLC (by Clifford W. Taylor , Paul D. Hudson , and Kamil Robakiewicz ), for amicus curiae the Michigan Manufacturers Association.

Miller, Canfield, Paddock and Stone, PLC (by Brian M. Schwartz ), and Jenner & Block LLP (by Matthew S. Hellman ) for amicus curiae the Chamber of Commerce of the United States of America.

Butzel Long, PC (by Joseph E. Richotte and Haley A. Jonna ), for amicus curiae the Michigan Defense Trial Counsel.

Before: Gadola, P.J., and Jansen and Saad, JJ.

Defendant appeals by leave granted a July 17, 2015 order denying its motion for summary disposition pursuant to MCR 2.116(C)(7) and (C)(8). For the reasons that follow, we affirm.

I. FACTS AND PROCEDURAL HISTORY

This case involves allegations of negligence and nuisance brought by plaintiffs, who are owners of property...

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