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IN RE STATE HIGHWAY COMMISSIONER

Calendar No. 51, Docket No. 50,154.

372 Mich. 104 (1963)

125 N.W.2d 482

In re STATE HIGHWAY COMMISSIONER. McCULLAGH v. LEONARD REFINERIES, INC.

Supreme Court of Michigan.

Decided December 27, 1963.

Attorney(s) appearing for the Case

Joseph W. Planck, for appellants McCullagh.

Foster, Campbell, Lindemer & McGurrin (John L. Collins, of counsel), for appellee Leonard Refineries, Inc.

Leo A. Farhat (John Robert Dethmers, of counsel), for appellee American Petroleum Company, Inc.

KELLY, J.

The parties involved in this appeal have previously been before this Court in In re State Highway Commissioner, 365 Mich. 322. In that appeal, lessors, Don C. and Hazel E. McCullagh, were appellees, but are appellants in the present appeal and will be so designated in this opinion.

In our first opinion it was determined that the original lease entered into between lessors, appellants

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