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FILL v. A. HAMILTON LIFE INS. CO.

Docket No. 12965.

46 Mich. App. 146 (1973)

207 N.W.2d 474

FILL v. ALEXANDER HAMILTON LIFE INSURANCE COMPANY OF AMERICA

Michigan Court of Appeals.

Decided March 29, 1973.

Attorney(s) appearing for the Case

Isadore Goldbaum and Gerald J. Gattorn, for plaintiff.

Butzel, Long, Gust, Klein & Van Zile (by John H. Dudley, Jr.), for defendant.

Before: LEVIN, P.J., and V.J. BRENNAN and O'HARA, JJ.

PER CURIAM.

The trial judge dismissed the plaintiff's complaint because the plaintiff had not filed an assumed-name certificate in Wayne County before commencing this action. See MCLA 445.5; MSA 19.827.

Before the entry of judgment dismissing plaintiff's complaint, the plaintiff filed an assumed-name certificate in Wayne County and commenced another action against the defendant advancing essentially the same claim set forth in the complaint filed in this action...

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