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FLYNN v. McLOUTH STEEL CORP.

Docket No. 15655.

55 Mich. App. 669 (1974)

223 N.W.2d 297

FLYNN v. McLOUTH STEEL CORPORATION

Michigan Court of Appeals.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Ripple & Chambers, P.C. (by Sanford L. Steiner), for plaintiff.

Martin, Bohall, Joselyn, Halsey & Rowe, P.C., for defendant.

Before: BRONSON, P.J., and V.J. BRENNAN and VAN VALKENBURG, JJ.

BRONSON, P.J.

This case presents for decision the following important issue:

Will the authority of a trial judge to rule on a motion for accelerated judgment be eliminated by the mere demand for a trial by jury, even when no disputed issues of fact are presented by the motion?

GCR 116.3 provides, in pertinent part, as follows:

"As to defenses and objections based upon sub-rule 116.1(5...

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