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JOHNSTON v. AMERICAN OIL COMPANY

Docket No. 15252.

51 Mich. App. 646 (1974)

215 N.W.2d 719

JOHNSTON v. AMERICAN OIL COMPANY

Michigan Court of Appeals.

Decided March 4, 1974.

Attorney(s) appearing for the Case

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

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

Before: LESINSKI, C.J., and BASHARA and VAN VALKENBURG, JJ.

VAN VALKENBURG, J.

Plaintiff's decedent was fatally injured when he and two companions drove into the Meyer-James Couzens Standard Service station. For some unexplained reason, decedent and his companions "razzed" the proprietor, Joe Murphy, when he came out to service them. Because of this Murphy refused to provide them with any service. Thereupon decedent and one of his companions exited from the automobile and demanded

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