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BURNS v. COWAN'S FRIENDLY SERV.

Docket No. 13814.

45 Mich. App. 371 (1973)

206 N.W.2d 474

BURNS v. COWAN'S FRIENDLY SERVICE.

Michigan Court of Appeals.

Decided February 26, 1973.

Attorney(s) appearing for the Case

Lopatin, Miller, Bindes, Tanielian & Freeman (by Michael H. Feiler), for plaintiff.

Alexander, Buchanan & Seavitt (by John N. Highland), for defendant.

Before: V.J. BRENNAN, P.J., and T.M. BURNS and ADAMS, JJ.

PER CURIAM.

Defendant Mobil Oil Corporation sought summary judgment pursuant to GCR 1963, 117.2(1). From the record, it is obvious that the parties and the court proceeded as though the motion had been brought under GCR 1963, 117.2(3). The trial court's grant of defendant's motion must be reversed pursuant to Fecteau v Wolco Homes, Inc, 385 Mich. 763 (1971), reversing 32 Mich.App. 21...

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