Leave to appeal applied for.
DANHOF, P.J.
On December 23, 1974, the plaintiff and cross-defendant (hereinafter referred to as the plaintiff), Mobil Oil Corporation, filed a motion for summary judgment pursuant to GCR 1963, 117.2(1) for the reason that the defendant and cross-plaintiff (hereinafter referred to as the defendant), Dallas Thorn, had failed to state a cause of action in counts I and II of his cross-complaint. On January 27, 1975, the trial court...
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