CAUGHEY v. ROZYCKI

Docket No. 7,036.

22 Mich. App. 317 (1970)

177 N.W.2d 257

CAUGHEY v. ROZYCKI

Michigan Court of Appeals.

Leave to appeal denied July 22, 1970.


Attorney(s) appearing for the Case

Bogues, O'Donnell & Petteys, for plaintiff.

Riseman, Lemke & Piotrowski, for defendant.

Before: LEVIN, P.J., and T.M. BURNS and DANHOF, JJ.


Leave to appeal denied July 22, 1970. 383 Mich. 807.

LEVIN, P.J.

The question presented is whether the dismissal of a "no progress" case operates as an adjudication upon the merits and, thus, because of the doctrine of res judicata, blocks reinstitution of the action. We hold that such a dismissal does not operate as a meritorious adjudication, and that suit can be brought again.

The plaintiff...

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