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GUSTAFSON v. FARIS

Docket No. 24751.

67 Mich. App. 363 (1976)

241 N.W.2d 208

GUSTAFSON v. FARIS

Michigan Court of Appeals.

Decided February 11, 1976.

Attorney(s) appearing for the Case

Leitson, Dean, Dean, Segar & Hart, P.C. (by Leonard B. Shulman), for plaintiffs.

Douglas M. Philpott, for defendants.

Before: D.E. HOLBROOK, P.J., and R.M. MAHER and D.F. WALSH, JJ.

D.E. HOLBROOK, P.J.

This is an appeal from an order granting defendants' motion for partial summary judgment. The motion was apparently based upon GCR 1963, 117.2(1), which provides for a summary judgment in cases where plaintiffs fail to state a claim upon which relief can be granted. Since motions based upon GCR 1963, 117.2(1) are to be tested by the pleadings alone, Todd v Biglow, 51 Mich.App. 346;

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